Squatters

Squatters

When I returned home after a year abroad, I discovered a squatter living in my home who doesn't want to leave of his own accord! Do I have the right to kick him out by my own means, obviously without violence?

T. Vaud

To put an end to the illegal occupation of a home, the rightful owner has several means of defence.

Firstly, a criminal complaint can be lodged against anyone occupying a dwelling without right on the grounds of trespassing, an offence punishable under article 186 of the Criminal Code (CP). Such a complaint would enable the police to intervene, but there is no guarantee that the squatter will be removed quickly, since - except in cases of imminent danger and/or public order offences - the police only have the power to evict occupants of a dwelling if they are in possession of a valid court order.

The second defence consists of exercising the right of immediate repossession instituted by article 926 of the Civil Code (CC). This provision allows the possessor of a property who finds himself disturbed in the exercise of his legitimate rights to recover it from the person who is unlawfully holding or occupying it. The ordinary holder of the property may act either personally or through the police, without being obliged to resort to legal action for obvious reasons of time. However, the law and case law are strict and restrictive: in order to have the right to take action by force, the injured possessor must do so 'immediately' after the occurrence of the prejudicial event, in this case the actual arrival of the squatters in the building, and not as soon as they become aware of the event.

The case law of the Federal Supreme Court has not defined more precisely the time limit within which the injured owner or tenant must act, stating only that to be legally acceptable, the right of repossession must be exercised "immediately". Faced with this legal uncertainty, the Federal Council has prepared a bill aimed at making the conditions under which owners or possessors of unlawfully occupied properties can recover their property more flexible. The new provisions will set the start of the period during which the possessor may evict the usurper, the decisive moment being the time when he became aware of the usurpation or could have become aware of it.

However, as the legislation currently stands, only legal action for reinstatement based on article 927 of the Swiss Civil Code makes it possible to obtain a court decision requiring police intervention in cases where immediate expulsion is not or no longer possible, a procedure that can be as long and trying as trials sometimes are...