Since the beginning of the economic crisis, forcible
evictions have been a constant in Spain. Particularly affected are people who
have lost or are in risk of losing their job and have difficulties entering or re-entering
the labour market.
Recently, the Royal Decree-Law Nr. 5/2017, of 17.03.2017, has
approved the following two important measures to protect people considered to
be in risk of social exclusion:
1.
Eviction procedures can be suspended
to a maximum of 7 years. This term ends on 05.05.2020, since the deadline runs from the entry
into force of Law 1/2013.
2.
In
case the eviction has already occurred, they may request from the creditor the rental of the house for a maximum
annual rental price of 3% of knockdown price. The deadline for requesting it is
six months, from the entry into force of the RDL Nr. 5/2017.
The most significant group of people in situation of social
exclusion are those who have suffered a significant alteration of their
economic circumstances in the last 4 years. This alteration occurs when the
result of dividing the mortgage burden into the rent had increased, at least,
1,5.
Other people in situation of social exclusion are the following:
1.
Large
families
2.
Single
parents
3.
Families
with a minor
4.
Families
in which a member has a disability greater than 33%
5.
Victims
of gender violence
6.
Debtors
over 60
7.
Families
living with disabled, dependant or serious ill people.
The RDL Nr. 5/2017 has entered into force on March 18th of
2017.
Luisa Fernández Baladrón is a registered lawyer at the I.C.A.I.B.
