The Government extends the suspension of evictions and removals

The suspension of evictions and removals from your habitual residence is extended until February 28, 2022, for households that are economically and socially vulnerable, in the cases already provided for by current regulations

EDITING |

• The Government has extended until February 28, 2022, the protection measures approved for vulnerable households facing eviction procedures from their habitual residence, with the coordinated action of the judicial bodies and the competent social services, including those households affected by eviction procedures from their habitual residence, which do not arise from lease contracts, when there are dependent persons, victims of violence against women, or minors in charge. In this latter case, the possibility is established for the judge, after a weighed and proportional assessment of the specific case, to have the authority to suspend the eviction when the owners of these properties are natural or legal persons owning more than 10 homes, requesting a report from the competent social services so that they can assess the situation of economic vulnerability and identify the measures to be applied to respond to this situation. In these cases, the cases that have already been regulated will always be taken into account, in which the suspension can never be ordered and they are:

• When the housing is the habitual residence or second residence of the owner.
• When it has occurred in a property owned by a natural or legal person who has ceded it by any valid legal title to a natural person who has their habitual residence or duly accredited second residence in it.
• When entry or stay in the property has occurred through intimidation or violence against people.
• When there are reasonable indications that the housing is being used for illegal activities.
• When it comes to properties intended for social housing and the housing has already been assigned to an applicant.
• That entry into the property occurred after the entry into force of the Royal Decree-law. Likewise, if a housing solution is not offered within three months from the issuance of the social services report, the property owners will have the right to request compensation as long as the economic damage caused is proven.
• The extension, until February 28, 2022, of the deadline to request the moratorium or partial rent cancellation, when the landlord is a large holder or public entity, under the terms established in the aforementioned Royal Decree-Law 11/2020. The aim is to address certain vulnerability situations that may occur beyond August 9, the current end date of the state of alarm, as a result of the situation arising from the evolution of the pandemic, and it is a measure that does not affect small property owners. From AYRE Estates we point out that this measure can only be requested once during the entire period in which this measure has been in force.
• The extension, also until February 28, 2022, of the rental contracts for housing that can benefit from the extraordinary extension of six months, under the same terms and conditions of the current contract, provided that no different agreement has been reached between the parties and that the owner, a natural person, has not communicated the need for the housing for themselves, in compliance with the deadlines and conditions established in article 9.3 of Law 29/1994, of November 24, on Urban Leases. Like the previous measure, it can only be requested once during the entire period in which this measure has been in force.
• Finally, the deadline during which landlords and owners of the housing affected by the extraordinary suspension provided for in the aforementioned Royal Decree-Law 11/2020, of March 31, may submit the compensation request provided for in the second additional provision of Royal Decree-Law 37/2020, of December 22, on urgent measures to address situations of social and economic vulnerability in the field of housing and transport is extended.

This period was one month from the end of the validity of the measures, with the extension until February 28, 2022, provided for these measures, the new deadline for submitting such requests is set for March 31, 2022.

Urgent measures

These are urgent measures, necessary to respond to the situation of households in vulnerability in the context of the evolution of the pandemic, which are added to the structural measures being carried out in housing by this Department, aimed at making possible the constitutional right to adequate decent housing, among which can be cited:

• The development of state legislation on housing, for the first time in the democratic era.
• The different measures taken to promote a greater supply of affordable rental housing.

As well as actions aimed at the rehabilitation and improvement of the housing stock, all supported by an unprecedented increase in budgetary investment in this 2021 exercise, as well as in the General State Budget Bill for the 2022 exercise, which is currently in the processing phase.