An unlawfully occupied property immediately challenges something concrete: the possibility of returning to one's home, using a premises, renting it, or selling it. The question is not just how to obtain eviction. One must understand whether it is an entry without any title, the retention by a former tenant, a dispossession of the home, or a dispute over the availability of the property.
I will explain which differences matter, which paths can lead to surrender, and what is needed to claim damages. The central point is this: not every occupation is addressed with the same remedy. Filing a report can be essential in certain situations, but it does not always replace civil action; likewise, the right to damages does not arise automatically simply because the property has been occupied.
First Distinction: Entry Without Title, Former Tenant, or Conflict Over Possession
Occupation without title occurs when a person uses or retains a property without a contract, without a provision, and without the consent of the person entitled to hold it. It can involve an apartment, an appurtenance such as a garage or cellar, a shop, or another building. In this situation, ownership and the circumstances of access become decisive in choosing the correct initiative.
A different case concerns someone who enters regularly as a tenant, borrower under a loan for use (comodato), or guest and then remains in the property when the relationship has ended. Here it is not sufficient to call that stay an "unlawful occupation": one must establish what title existed and when it ceased. An expired lease, a notice of termination, a termination for default, or the revocation of a loan for use have their own prerequisites and consequences.
There is also the hypothesis where both parties claim to have the right to the property, for example through inheritance, co-ownership, an uncompleted preliminary sales agreement, or contested family arrangements. In these cases, the presence of documents alone does not solve the problem: one must distinguish an occupation lacking a legal basis from a dispute over the right to possess or hold the asset.
When Criminal Protection Can Lead to Rapid Reinstatement
Criminal protection has a precise scope. Article 634-bis of the Criminal Code, introduced by Article 10 of Decree-Law No. 48 of 2025 and converted by Law No. 80 of 2025, concerns the occupation or detention without title of a property intended as someone else's domicile or its appurtenances, carried out by means of violence or threat, as well as other conduct indicated by the rule, such as preventing the owner or legitimate holder from returning and appropriation through artifice or deceit. The current text can be consulted in Decree-Law No. 48 of 2025, Article 10.
Therefore, simple failure to surrender is not enough to automatically apply this discipline. What matters are the destination of the property as a domicile, the methods by which the occupation or exclusion of the person entitled to enter it occurred, and the absence of a title legitimizing the stay. The criminal qualification of the facts does not coincide with the fact that the owner wishes to get the property back.
The same reform inserted Article 321-bis into the Code of Criminal Procedure. The judge may order reinstatement in possession upon the request of the public prosecutor. If the property is the complainant's sole actual home, the judicial police, after initial investigations into the arbitrariness of the occupation, may intervene according to the special procedure provided by law, ordering the surrender and, in the indicated cases, proceeding coercively with the authorization of the public prosecutor.
This procedure does not authorize the owner to intervene personally. Changing locks while someone is inside, cutting off utilities, or removing personal property can aggravate the conflict and make it more difficult to ascertain what happened. The return must follow a legitimate path, even when the situation appears clearly unjust.
Surrender of the Property Through Civil Protection
Civil action serves to obtain a title for surrender when criminal protection is not applicable, does not allow immediate recovery, or does not resolve all relations between the parties. The owner can assert their right to the restitution of the asset against anyone possessing or holding it without title. Article 948 of the Civil Code governs the rei vindication action, namely the action by which the owner asks to recover the thing from whoever retains it. The reference is in the Civil Code.
The claim must precisely identify the property and the person occupying it, as well as be based on documents consistent with the position asserted. The deed of purchase, the declaration of inheritance, property registry searches (visure), and cadastral documentation can be useful, but they have different functions: the land registry does not replace the title of ownership. If the problem arises from a lease or a loan for use, the contract, communications regarding the termination of the relationship, and proof of failure to redeliver also assume relevance.
The Case of the Former Tenant Does Not Coincide with Unlawful Entry
Eviction concerns the rental relationship. If the person remaining in the property was a tenant, the owner must rely on the expiration of the lease, a validly communicated notice of termination, or a breach allowing termination. The eviction validation procedure is provided by the Code of Civil Procedure for rental situations; it is not the appropriate tool for someone who has never had a rental contract.
The distinction also affects possible defenses. Anyone claiming to still hold a contract can contest the termination of the relationship; anyone indicating no title can argue, for example, that they received a loan for use or temporary consent. The date on which the title lapses becomes essential both for surrender and for quantifying any damages arising from the unavailability of the property.
From Decision to Material Surrender
A judgment or an order alone does not produce the delivery of the keys. If the occupant does not surrender voluntarily, the provision ordering surrender can be executed through the judicial officer, according to the rules of enforcement for delivery or release. The Code of Civil Procedure governs this phase in Articles 605 and following, which can be consulted in the Code of Civil Procedure.
Enforcement requires an enforceable title and compliance with the acts provided by the procedure. There is no uniform timeframe for all evictions: possible opposition, the number of occupants, the need for forced access, the presence of goods to be managed, and the concrete modalities set for surrender all have an impact.
Damages: What Losses Can Be Claimed
Surrender and damages are distinct claims. Recovering the availability of the property does not automatically prove the amount of a financial loss. To obtain damages, one must allege and prove the loss, the connection to the occupation, and the period to which the prejudice refers. The general principle of liability for unlawful acts is expressed by Article 2043 of the Civil Code.
The first possible loss is the loss of enjoyment of the property: the loss of the possibility to inhabit it, use it, or let it generate income. The market rental value can be a useful parameter, but it is not equivalent to rent automatically owed by the occupant, because a rental contract might not exist. One must link the requested value to the actual unavailability of the asset and to a determined period.
Further damage may concern the deterioration of the property: forced doors, damaged systems, compromised window frames, removal of furnishings, or works necessary to make the premises usable again. Photographs alone are rarely enough if they do not allow placing the damage in time or estimating its cost. Minutes, dated images, estimates, invoices, technical reports, and comparison with the previous state of the property make the request more verifiable.
Expenses directly caused by the occupation, such as urgent safety or restoration interventions, can also assume relevance, provided they are documented and causally linked to the facts. The cost of the lawsuit is different: legal fees follow their own rules and are assessed by the judge in the ruling, not automatically merging with material damage to the property.
What to Do Immediately Without Compromising Protection
The priority is to establish the facts. If the occupation is ongoing or access has been prevented with violence, threats, or deceit, reporting it to the authorities may be necessary, especially when the prerequisites of criminal law are met. It is useful to keep communications received, avoid physical confrontations, and accurately note when possession was lost or when the occupant's title ceased.
To set up a request for surrender and damages, one normally needs the title of purchase or the document proving the legitimate availability of the property, communications with the occupant, any previous contracts, photographs, and minutes on the state of the premises. Do not modify the state of the property unnecessarily: if intervention is required for safety reasons, it is advisable to document what was found before and after the intervention.
An agreed solution can be useful only if it truly clarifies redelivery. A written agreement should indicate the date of surrender, delivery of the keys, state of the premises, any property present, and the parties' positions on economic claims. The agreement should not be improvised when reports, significant damages, or a detention title contested by the occupant are at stake.
Frequently Asked Questions
Can I change the lock if the property is mine?
No, it is neither a safe solution nor a substitute for the procedure. Ownership does not authorize recovering an occupied property through personal initiatives, especially if there are people or goods inside. In the presence of an ongoing occupation, one must turn to the authorities; for civil surrender, an enforceable title and the procedure provided by law are required instead.
Does filing a report guarantee immediate eviction?
No. Filing a report can trigger criminal investigations and, in cases provided by Article 634-bis of the Criminal Code, also instruments of reinstatement in possession. The rapid intervention provided for the sole actual home still requires verifications on the arbitrariness of the occupation. For other properties or controversial facts, civil protection may also be necessary.
Can I claim the rent value for the entire period of occupation?
It can be a quantification criterion, but it is not automatic. The market value of the use of the property can help estimate the loss of enjoyment when the occupation prevented effective use. However, one must indicate the relevant period and prove the connection between the unavailability of the asset and the financial loss requested.
Is a former tenant who does not leave home always an unlawful occupant?
No. The former tenant entered based on a contract; the question becomes establishing if and when that contract ceased. Expiration, notice of termination, termination for default, and any subsequent agreements determine the usable remedy. Often the correct path is the rental one, not the report for invasion or arbitrary occupation.
What evidence is needed for property damage?
Proof of before, after, and cost is needed. Dated photographs, minutes, messages, testimonies, estimates, invoices, and technical reports can demonstrate deterioration and restoration expenses. For unavailability damages, elements regarding market value, the concrete possibility of use or rental, and the date the occupant's title ceased are also useful.
How to Navigate the Choice of Path
The first decision consists in correctly qualifying the facts. A violent entry into the actual dwelling, an empty apartment occupied without any previous relationship, and a former tenant who does not redeliver the property can all produce serious prejudice, but do not necessarily follow the same procedure. If you must choose between a report, a civil claim for surrender, and a claim for damages, you can contact me to frame the title, the circumstances of the occupation, and the available evidence.