Posted in: Legal
There have been new rules on eviction in Spain announced by the government over the Christmas period. These came into force and are applicable from the 23rd December 2020 until the end of the State of Alarm. This ends 9th May 2021.
Firstly, tenants have the right to stop an eviction proceeding at any time if they can prove they are in a situation of economical vulnerability.
It doesn´t matter which stage the Court proceeding has reached, they can apply for a suspension. Of course, they must prove with paperwork that they are in a dire financial or economic situation. Thus they have no work, no money or assets to fall back on, perhaps have minors, or dependent people living with them etc.
The Court Proceeding will be automatically stopped as long as the final trial has not been heard. Or as long as the eviction date has not been fixed.
Even if the landlord does not want this, contracts that finish on or before the 31st of January 2021 can be automatically extended for 6 months by law.
Tenants or squatters can also stop an eviction proceeding if the property belongs to companies or individuals with more than 10 properties (thus professional landlords). If the owner of the property is a company or individuals with more than 10 houses, you can force them to reduce (by a maximum of 50%), or delay the rent for some months. All these rules, benefits and suspensions will currently end on the 9th of May 2021.
The law is only applicable to residential houses, not to business premises or locales, nor to second homes.
In order to prove economic vulnerability the tenants have to provide a lot of documents: from Social Security, Town Hall, the Civil Registry. If you are in this position, we can guide you. And assist you, as you as tenants can file an opposition using this new law at any time.
Landlords can also prove they are in an economically vulnerable situation. In this case, the Judge will study the whole situation and make a decision. If you are a landlord not receiving your rent we can also advise. In addition, we can explain what important mistakes not to make such as changing locks or cutting off the electricity supply. This can cause serious problems for a landlords.
If you are in a difficult situation with your landlord or with your tenants, let us know if we can help you with any eviction situations.