Odice Lawyers

Suspension of evictions of the most vulnerable from their homes

ODICE LAWYERS

Suspension of evictions from primary residence for the most vulnerable - Desahucios en Málaga  

The onset of the pandemic, officially declared by Royal Decree 463/2020 of 14 March 2020, led to a large production of regulations with the aim of mitigating, reducing and protecting vulnerable groups of the effects of health restrictions and economic hibernation.

In this respect, one of the groups that has received the most attention in recent years has been women. families with difficulties in meeting their mortgage or rent payments on their primary residence, for which measures were - and continue to be - taken to prevent evictions.

Evictions 2022

In order to know the current situation of the suspension of evictions -in accordance with our legal system-, we must resort to the rules that have included the regulation of this suspension.

By virtue of this regulation, the Code of Good Practices is approved, to which most Spanish financial institutions adhere.

The Act includes mortgage restructuring measures such as the increase of the payment period, the reduction of the interest rate, the 5-year grace period and the dation in lieu of payment (to deliver an asset in exchange for settling an outstanding debt).

  • Law 1/2013 of 14 May - Measures to strengthen the protection of mortgage debtors, restructuring, and social renting

Article 1 of this regulation included the prohibition of evictions in judicial or extrajudicial foreclosure proceedingsThe impossibility of dispossessing a person of the material possession of immovable property.

Royal Decree Law 6/2020 of 10 March - urgent measures in the economic field and for the protection of public health.

The modification of the Law 1/2013 of 14 May by means of the RDL 6/2020 of 10 March, brought with it new measures to strengthen the protection of mortgage debtors, debt restructuring and social renting.

Thus, the suspension of the suspension of evictions for people in cases of special vulnerability was extended for a further four years; a total of 11 years from the entry into force of Law 1/2013. This means that evictions and foreclosures against debtors in a situation of vulnerability may not be processed until 15 May 2024.

This measure affects any judicial process of foreclosure or out-of-court sale, whereby the habitual residence of persons belonging to certain vulnerable groups is awarded, which now includes single-parent families with only one dependent child.

Royal Decree-Law 11/2020 of 31 March

This regulation provided for extraordinary measures to respond to the pandemic situation, among them:

  • The suspension of evictions and evictions until 30/09/2022, derived from housing leases, for vulnerable households with no housing alternative.

In these cases, if the tenant is in a situation of vulnerability that makes it impossible for him/her to have a housing alternative, he/she can request an extraordinary suspension of the eviction and benefit from this measure if he/she meets the vulnerability requirements:

  1. Have become unemployed or, if you are an entrepreneur or professional, have suffered a substantial loss of income or a drop in turnover of at least 40%
  2. The total income of the family unit must not exceed these thresholds (in the month prior to the application for the moratorium).

It is also possible to promote this incident in the case of oral proceedings for the recovery of possession, as long as the occupants are in precarious conditions, do not have just title to the property or in the case of criminal usurpation, as long as they can prove their vulnerability and lack of alternative housing and the plaintiff is a legal entity or a person holding more than 10 properties.

Other measures included in the RDL 11/2020 of 31 March 2020are:

  • Support for basic supplies.
  • Subsidy for domestic workers and workers with temporary contracts.
  • Pension scheme redemptions and consumer protection measures.

Royal Decree 2/2022 of 22 February

With this regulation, the government extends the suspension of evictions and the ban on cutting off supplies for vulnerable individuals and families; the deadline for the suspension of launches, 30 September 2022At that time, they will cease to be in force unless further extension is approved by the executive, when the time comes.

Suspension of evictions and evictions of vulnerable individuals and families from their usual homes

For the suspension to of evictions and repossessions of vulnerable persons and families from their usual residencebe effective the tenant has to apply for it in the corresponding legal proceedings and prove his or her situation of vulnerability.

When is it understood that there is a situation of vulnerability and lack of a housing alternative?  

  • Be in a situation of E.R.T.E., unemployment, or having reduced working hours.
  • Income of the family unit lower than three times the I.P.R.R.E.M., limit that will be increased according to the family charges (children, elderly and/or disabled dependents).
  • The rent plus the cost of basic utilities must be more than 35% of the household's net income.
  • That no member of the family unit living in the rented dwelling is the owner or usufructuary of another dwelling.

Eviction lawyers in Malaga

If you are in a similar vulnerable situation, you may be able to benefit from this measure and avoid eviction from your home. Consult with our eviction lawyers in Malaga to assess your case and to assert your rights as a citizen.

Share

Other Articles
Contact

Do you need legal advice and representation? At Ódice Abogados, a law firm in Malaga, we offer different means of communication so that you can contact us.