Social vulnerability is a concerning issue that affects many individuals in our society. One of the most challenging moments for those facing vulnerability is social vulnerability in evictions. Today, we will focus on analyzing how RD Law 11/20 (https://www.boe.es/buscar/act.php?id=BOE-A-2020-4208) has addressed this problem and the protective measures that have been implemented.
A&O Lawyers, your specialized law firm in evictions, can assist you with social vulnerability in evictions.
In Spain, RD Law 11/20 is a regulation aimed at providing protection and housing security to individuals in vulnerable situations, particularly in the context of the crisis generated by the COVID-19 pandemic. This law establishes a series of measures to prevent evictions and ensure access to decent housing.
One of the main concerns of RD Law 11/20 is social vulnerability in evictions. This includes individuals at risk of exclusion, victims of gender violence, families with dependent minors, persons with disabilities, and seniors.
The regulation establishes the suspension of evictions until a certain date and facilitates the negotiation of alternative measures to prevent the loss of housing.
RD Law 11/20 sets forth a series of measures to prevent evictions and protect individuals in vulnerable situations. Some of these measures include:
- Rent payment moratorium: It establishes a deferment in rent payment for a specific period for those tenants facing economic vulnerability due to the crisis.
- Suspension of evictions: Eviction procedures were suspended during the state of alarm and these measures have currently been extended.
- Rental assistance: The creation of economic aid programs for rent payment is established, especially targeting the most vulnerable individuals.
- Strengthening of Social Services: The role of social services is reinforced to attend to individuals in vulnerable situations and offer them support and advice.
The measures established in RD Law 11/20
The measures established in RD Law 11/20 are of vital importance, as they guarantee the protection of the most vulnerable groups and prevent situations of helplessness and social exclusion. These measures seek to provide economic relief to affected families and offer alternatives to avoid the loss of their homes. Social vulnerability in evictions is a serious issue that must be alleviated.
The vulnerability faced by many individuals at risk of being evicted from their homes has led to the implementation of specific measures to provide housing protection and security. At A&O Lawyers, your law firm in Marbella, we will analyze in detail the suspension of evictions in eviction proceedings. We will also explain social vulnerability in evictions as established in RD Law 11/20. We will discuss the requirements that must be met to access this legal protection.
RD Law 11/20 establishes the suspension of evictions in eviction proceedings. This measure is essential to guarantee the protection of individuals in vulnerable situations, especially during the crisis generated by the COVID-19 pandemic, which continues to have consequences. The suspension of evictions implies that evictions will not be carried out under certain circumstances, providing relief to affected families and avoiding the immediate loss of their homes.
Access to the suspension of evictions is subject to the fulfillment of certain requirements established in RD Law 11/20. These requirements are as follows:
Requirements established in RD Law 11/20
Access to the suspension of evictions is subject to the fulfillment of certain requirements established in RD Law 11/20. These requirements are as follows:
- Economic Vulnerability: It is necessary to demonstrate a situation of economic vulnerability that prevents the payment of rent or mortgage installments. This includes individuals who have suffered a substantial loss of income, unemployment, ERTE (Temporary Employment Regulation File), or other circumstances that seriously affect their economic capacity.
- Risk of Housing Exclusion: It must be proven that eviction would result in the loss of the habitual residence and that there is no suitable alternative housing available.
- Social Vulnerability: The social vulnerability of affected individuals will be taken into account, such as victims of gender-based violence, families with dependent minors, individuals with disabilities or serious illnesses, among others.
- Social Services Report: It is necessary to have a report from social services that certifies the vulnerability situation and the need for housing protection.
The suspension of evictions, besides preventing evictions, provides additional time for the involved parties to reach agreements or establish alternative measures that avoid the loss of housing. During the suspension period, negotiation between landlords and tenants is encouraged to seek viable and sustainable solutions.
Our lawyers at A&O Abogados specialized in evictions are professionals with in-depth knowledge of the laws and regulations related to eviction procedures. Whether for landlords or tenants, having proper legal advice is essential to understand their rights, duties, and available options during the suspension of evictions due to social vulnerability.
For landlords:
- Situation Assessment: An expert eviction lawyer can help landlords assess the situation and determine if the necessary requirements are met to request the suspension of eviction due to social vulnerability.
- Negotiation Guidance: In case the tenant meets the vulnerability criteria, the lawyer can assist the landlord in negotiating agreements to avoid eviction. This may involve exploring alternatives, such as debt restructuring or creating a payment plan tailored to the tenant’s financial situation.
- Legal Representation: If an amicable agreement is not reached, the lawyer can represent the landlord in the legal proceedings, ensuring their rights are respected, and appropriate steps are followed according to the current legislation.
“How can an eviction specialist lawyer help the tenant?”
For tenants:
- Vulnerability Assessment: An eviction specialist lawyer can assess the tenant’s situation and determine if they meet the requirements to request the suspension of eviction due to social vulnerability.
- Rights and Resources Counseling: The lawyer will provide the tenant with clear and precise information about their rights and available resources, such as the possibility of accessing economic assistance programs, applying for rent payment moratorium, or seeking other housing protection measures.
- Legal Defense: If the eviction is carried out unjustly or without complying with legal requirements, the lawyer will defend the tenant’s rights in the corresponding judicial proceedings, seeking fair and equitable solutions.
Are you facing vulnerability and fear losing your home? Is your tenant unable to pay, and you fear they will remain in the property without reaching a fair solution? At A&O Abogados, your law firm specialized in vulnerable situations, we will guide you throughout the process. Call us now.
In the meantime, feel free to read our blog on eviction due to non-payment: