The phenomenon of squatting has gained greater relevance in recent years, becoming a matter of concern for both property owners and authorities. This increase has led to the emergence of new figures within the problem, such as the poorly termed «tenant-squatters«. If you find yourself in this situation, you are probably asking yourself «If I have squatters, can I change the locks without committing a crime of coercion? Or what you should do.
In this article, we are going to explain everything about changing locks and the crime of coercion.
What is a crime of coercion?
The crime of coercion consists of imposing your will against that of a third party, without being legitimately authorized, regardless of whether this is just or unjust, through the use of violence. And five requirements are established for the crime of coercion to be fulfilled.
- A violent conduct of material content, this can be physical or intimidation.
- Preventing what the law does not prohibit from being done or what one does not want to do, whether just or unjust.
- Sufficient intensity of the action to achieve the desired result.
- Willful intent consisting of restricting another’s freedom.
- Not being legitimately authorized.
So, what is coercion according to the Criminal Code?
According to the Code
Do you want to know more about the crime of coercion?
Can I change the locks or cut off utilities to a squatter or tenant if they don’t pay rent? Without committing the crime of coercion
Changing the locks or cutting off utilities to a dwelling when the tenant or squatter doesn’t pay rent is considered an illegal measure to evict the non-paying tenant.
Our Supreme Court considers as a crime of coercion all acts involving changing locks, cutting off electricity, hot water and other utilities, as they understand that these violate the right to life, personal integrity, freedom, dignity, inviolability of the home, equality and non-discrimination.
A lock change or utility cut-off could leave the affected persons in a vulnerable situation.
Therefore, it is understood that changing locks constitutes «force against property» and, consequently, «violence,» using the description that the crime of robbery gives for «force against property».
Is it legal to change the locks? Without committing the crime of coercion
As you may have understood, the answer is no, and doing so could constitute a crime of coercion since changing the locks has the purpose of «restricting» freedom or «bending» another person’s will. This conduct fits the description we have given above.
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.