Measures on housing rentals for economic vulnerability

Extraordinary measures on housing rentals are approved in RDL 37/2020. Applicable to cases of economic vulnerability. It does not apply, therefore, to the renting of premises.

Measures on housing rentals

Suspension of evictions and launches

Until the end of the state of alarm declared by the Royal Decree 926/2020, of October 25, in all the trials on claims of rents or other amounts owed by the tenant, or on the expiration of the term of duration of the lease (with the purpose of recovering the possession of the property by the property), the tenant will be able to request the extraordinary suspension of the procedure (in any of its phases, including those of eviction or launch), for being in a situation of economic vulnerability. This suspension will be lifted when the state of alarm ends.

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Definition of the situation of economic vulnerability

The situation of economic vulnerability requires that all of the following requirements be met:

That the tenant is unemployed, ERTE, reduction of working hours due to care, or other similar circumstances that suppose a substantial loss of income (being applicable also to self-employed professionals), not reaching the total income of the members of the family unit:
- Transcription of the RDL:
  - In general, the limit of three times the monthly Public Indicator of Multiple Effects Income (hereinafter IPREM).
  - This limit will be increased by 0.1 times the IPREM for each dependent child in the family unit. The applicable increase per dependent child will be 0.15 times the IPREM for each child in the case of a single-parent family unit.
  - This limit will be increased by 0.1 times the IPREM for each person over 65 years of age in the family unit.
  - In the event that any of the members of the family unit has a declared disability of more than 33 percent, a situation of dependency or illness that permanently incapacitates him/her to carry out a work activity, the limit provided for in subsection i) shall be four times the IPREM, without prejudice to the accumulated increases per dependent child.
  - In the event that the person liable to pay the rental income is a person with cerebral palsy, a mental illness, or an intellectual disability, with a degree of recognized disability equal to or greater than 33 percent, or a person with a physical or sensory disability, with a degree of recognized disability equal to or greater than 65 percent, as well as in the cases of a serious illness that makes the person or his or her caretaker demonstrably incapable of carrying out a work activity, the limit provided for in subsection i) shall be five times the IPREM.
That the rental income, plus expenses and basic supplies (consumption), be greater than 35% of the income of the members of the family unit.
None of the members of the family unit must be the owner or usufructuary of any property in Spain that they may own.