Extension for Three Months of the Measures for those Vulnerable on Rentals and Evictions

Information taken from the Spanish government website.

The Government will extend for three more months the measures promoted in the last royal decree-laws on housing rental contracts and evictions.

The measures, which are urgent and necessary to respond to the situation of vulnerable households in the context of the evolution of the pandemic, include:

The extension for three more months of the possibility of requesting the moratorium or partial remission of the rent, when the landlord is a large holder or public entity, in the terms established in the aforementioned Royal Decree-Law 11/2020. The objective is to address certain situations of vulnerability that may occur beyond May 9, the current date of termination of the state of alarm, as a consequence of the situation derived from the evolution of the pandemic, and that it is a measure that does not affect small homeowners.

The extension, also for three more months, of the housing lease contracts that can benefit from the extraordinary extension of six months, under the same terms and conditions of the current contract, provided that a different agreement has not been reached between the parties and that the owner, a natural person, had not communicated the need for the home for himself, in compliance with the terms and conditions established in article 9.3 of Law 29/1994, of November 24, on Urban Leases.

Finally, the extension for three more months of the protection measures that were approved for those vulnerable households that face eviction procedures from their habitual residence, with the coordinated action of the judicial bodies and the competent social services, including those households. affected by procedures for the launch of their habitual residence, which do not derive from lease contracts, when there are dependents, victims of violence against women or minors in charge.

In the latter case, the possibility is established that the Judge, after a weighted and proportional assessment of the specific case, has the power to suspend the launch, when the owners of these properties are natural or legal persons who own more than 10 homes, requesting inform the competent social services so that they can assess the situation of economic vulnerability and identify the measures to be applied to respond to said situation. In these cases, the cases that have already been regulated in which the suspension can never be dictated will always be taken into account and are:

a) When the home is the owner’s habitual residence or second residence.

b) When it has occurred in a property owned by a natural or legal person who has assigned it by any valid title in law to a natural person who has his habitual residence or duly accredited second residence there.

c) When the entry or stay in the property has occurred through intimidation or violence against people.

d) When there are rational indications that the home is being used for illegal activities.

e) In the case of properties intended for social housing and the housing has already been assigned to an applicant.

f) That the entry into the property has occurred after the entry into force of the Royal Decree-Law.

Likewise, in the event that a housing solution is not offered in the three following months from the issuance of the social services report, the owners of the property will have the right to request compensation as long as the economic damage caused is proven.

Urgent measures
These are urgent measures, necessary to respond to the situation of households in a situation of vulnerability in the context of the evolution of the pandemic, in addition to the structural measures that are being carried out in the area of ​​housing by this Department, aimed at making possible the constitutional right to adequate decent housing and among which we can mention:

The development of state legislation on housing, for the first time in the democratic stage.
The different measures carried out to promote a greater supply of rental housing at affordable prices.
As well as the actions aimed at the rehabilitation and improvement of the housing stock, all supported by an unprecedented increase in budgetary investment in this year 2021.
MORE INFORMATION
Information on housing – Ministry of Transport, Mobility and Urban Agenda

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.