Back to News
05-05-2021

The government extends for three more months the measures to alleviate the effects of the pandemic on housing rental contracts and evictions.

The Council of Ministers has approved, by means of a Royal-Decree-Law, the extension for a further three months of the measures to alleviate the effects of the pandemic on housing rental contracts and evictions adopted in the last Royal Decree-Laws promoted to achieve this objective.

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

  • The extension until 9 August 2021 to request the moratorium or partial remission of rent, when the lessor is a large landlord or public entity, under the terms established in the aforementioned Royal Decree-Law 11/2020. The aim is to address certain situations of vulnerability that may occur beyond 9 May, the current date for the end of the state of alarm, as a result of the situation arising from the evolution of the pandemic, and that it is a measure that does not affect small homeowners.

It is important to note that this measure can only be requested once during the entire period that this measure has been in force.

  • The extension, also until 9 August 2021, of the housing rental contracts that can benefit from the extraordinary extension of six months, under the same terms and conditions of the contract in force, provided that a different agreement has not been reached between the parties and that the owner, a natural person, has not communicated the need for the dwelling for himself, in compliance with the terms and conditions established in article 9.3 of Law 29/1994, of 24 November, on Urban Leases.

As with the previous measure, it can only be requested once during the entire period in which this measure has been in force.

  • The extension until 9 August 2021 of the protection measures that were approved for vulnerable households facing eviction proceedings from their usual residence, with the coordinated action of the judicial bodies and the competent social services, including households affected by eviction proceedings from their usual residence, which do not derive from rental contracts, when there are dependents, victims of violence against women or minors in their care.

In the latter case, the possibility is established for the judge, after a considered and proportional assessment of the specific case, to have the power to suspend the launch, when the owners of these properties are natural or legal persons who own more than 10 dwellings, 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 in order to respond to this situation. In these cases, the cases that have already been regulated in which the suspension can never be ordered will always be taken into account and they are:

1.When the property is the habitual residence or second residence of the owner.
2.When it has taken place in a property owned by a natural or legal person who has ceded it by any legally valid title to a natural person who has their habitual residence or duly accredited second residence there.
3.When the entry or stay in the property has been carried out by means of intimidation or violence against persons.
4.When there are reasonable indications that the property is being used for illegal activities.
5.In the case of properties intended for social housing and the property has already been assigned to an applicant.
6.When the entry into the property has taken place after the entry into force of the Royal Decree-Law.

The Government extends for three more months the measures to alleviate the effects of the pandemic on housing rental contracts and evictions – El Derecho – Administrativo

Likewise, in the event that a housing solution is not offered within three months of the issuance of the report by the social services, the owners of the property will have the right to request compensation provided that the economic damage caused is accredited.

  • Finally, the period during which landlords and owners of housing affected by the extraordinary suspension provided for in the aforementioned Royal Decree-Law 11/2020, of 31 March, may submit the application for compensation provided for in the second additional provision of Royal Decree-Law 37/2020, of 22 December, on urgent measures to address situations of social and economic vulnerability in the field of housing and transport, has been extended.

This deadline was 1 month from the end of the state of alarm declared by Royal Decree 926/2020 of 25 October, so that, with the 3-month extension provided for these measures, the new deadline until which this request may be submitted is set at 9 September 2021.

Urgent measures

These are measures of an urgent nature, necessary to respond to the situation of households in vulnerable situations in the context of the evolution of the pandemic, in addition to the structural measures being carried out by this Department in the area of housing, aimed at making possible the constitutional right to adequate decent housing, among which we can cite the following:

  • The development of state legislation on housing, for the first time in the democratic period.
  • The different measures carried out to promote a greater supply of affordable rental housing.
  • 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 financial year 2021.