Royal Decree-Law 2/2022, of 22 February, 2022, amends Royal Decree-Law 11/2020, of 31 March 2022 (which was previously amended by Royal Decree-Laws 37/2020, of 22 December, 1/2021, of 19 January, 2/2021, of 26 January, 8/2021, of 4 May, 16/2021, of 3 August, and 21/2021, of 26 October).

By virtue of this new reform, the suspension period for evictions and launches is extended, this time without extending the duration of the lease contracts, nor allowing the request for reduction or moratorium in the payment of the monthly rent.

The aforementioned suspension extension will take place until September 30, 2022 for those vulnerable individuals facing eviction proceedings of their habitual residence. It also includes those affected by proceedings for launching habitual residence that do not derive from lease contracts, when there are dependents, victims of violence on the woman or minors in their care.

The following is a summary of the most important points to take into account in relation to the latest amendment to the law, in relation to the procedures arising from housing lease contracts subject to the Urban Leases Law 29/94 (that is, those signed after January 1, 1995):

1. Once the eviction lawsuit has been filed by the actor, the defendant who is considered to be in a vulnerable economic situation without a housing alternative, may request the opening of an extraordinary incident of suspension of the eviction or launching. The person must prove such situation by providing the documents provided for in Article 6.1 of Royal Decree-Law 11/2020:

a) In the case of a legal unemployment, by means of a certificate issued by the entity managing the benefits, showing the monthly amount received as unemployment benefits or subsidies.

b) In the case of cessation of activity of self-employed workers, by means of a certificate issued by the State Tax Administration Agency or the competent body of the Autonomous Community, where appropriate, on the basis of the declaration of cessation of activity declared by the interested party.

c) Number of people living in the main residence:

i. Family book or document accrediting domestic partnership.

ii. Certificate of census registration regarding the people registered in the dwelling, referring to the moment of presentation of the accrediting documents and to the previous six months.

iii. Declaration of disability, dependency or permanent disability to carry out a work activity.

d) Ownership of the assets: simple note of the index service of the Property Registry of all members of the family unit.

e) Declaration of responsibility of the debtor or debtors relative to the fulfillment of the requirements demanded to be considered without sufficient economic resources according to this Royal Decree-Law.

And provided that the defining requirements of situation of vulnerability for these purposes are met, defined in the manner set forth in Article 5 of the aforementioned Royal Decree-Law 11/2020.

2. In view of the application and documentation presented, the Judge will transfer the actor to the plaintiff so that she/he may argue what she deems appropriate in terms of the vulnerability invoked by the defendant, or even his/her own.

After this, it will be agreed to send an official letter to the Social Services so that they inform of the current situation of the current situation of the party or parties that had alleged such vulnerability, giving transfer to both of them of the report or reports issued.

Once the allegations have been submitted by the parties in relation to the information provided by Social Services, the Judge, in view of everything that has been done, will have to agree whether or not to accept the vulnerability. In the event of understanding that the situation of vulnerability of the tenant has not been accredited, or that the situation of vulnerability of the lessor should prevail (where appropriate), the continuation of the procedure will be agreed; but the Judge considers that the vulnerability of the defendant has been accredited, she/he will agree to the suspension of the procedure (and therefore the suspension of the launching) until September 30, 2022. This resolution will be adopted by means of an order which can be appealed within 5 days, and without suspensive effects.

During the time of suspension, the competent Public Administration in matters of Housing of the Autonomous Community shall adopt the measures indicated in the Social Services Report or others that it deems appropriate to satisfy the housing need of the person in situation of vulnerability that guarantee his/her access to a decent housing, so that the defendant returns the possession of the rented housing within the period of suspension.

3. If the competent Public Administration provides the defendant with a dwelling before 30 September 2022, or if he/she finds it on his/her own, the Court, within three days of becoming aware of this circumstance, will have to agree to lift the suspension of the procedure by Decree, thus resuming its processing. If the possession is not returned voluntarily, a new launching date will be set and, if applicable, the procedure will continue with respect to the amounts claimed. If the possession had been returned, the lawsuit would continue, if applicable, regarding the aforementioned debt.

4. In the event that the competent Public Administration has not provided decent housing to the tenant, or the latter has not returned possession before 30 September 2022, the suspension of the procedure will be automatically lifted and will continue its normal course.

Regarding the right of Compensation to landlords and owners, Royal Decree-Law 2/2022, of 22 February, in its third final provision amends Royal Decree-Law 37/2020, of 22 December, thus extending the term so that the landlord or owner can access the compensation before the suspension of the eviction/launch, being now open until 31 October 2022. The requirements and procedure to follow are as follows, after this last reform:

1. In cases where decent housing is provided to the tenant within 3 months from the date of issuance of the Social Services Report required by the Court, the tenant would not be entitled to any compensation for the suspension of the proceedings.
2. If the competent Public Administration does not provide the tenant with a decent housing before the expiration of those three months from the date of issuance of the Social Services Report, the lessor may claim compensation from the competent Administration for the rent (and current expenses assumed by the lessor who that were the responsibility of the lessee under the contract) that was not received, but not the contractual rent, but the average value that would correspond to a rental of housing in the environment in which the property is located, determined from the reference indexes of the rental price of housing or other objective references representative of the rental market, provided that this average value is not higher than the rent agreed in the contract, since in this case the value would be that of the former.

For example, if the agreed rent was €800/month, and the average value €1000/month, it would be entitled to receive €800/month in compensation. And if the agreed rent was €800/month, and the average value was €500/month, the person would have the right to receive €500/month in compensation.

Under these parameters, compensation may be requested from the competent Administration as from the lifting of the suspension of the procedure (for whatever reason), and until October 31, 2022.

Likewise, it can be requested to compensate the rents (and related expenses) that should have been received within the period between the date on which the Judge issued the order ordering the suspension of the proceedings, and the date on which the suspension is lifted (either the automatic on September 30, 2022, or the date of the Court’s Decree in this regard if the tenant has had access to alternative housing before that date).

The procedure for making this request is contained in article 3 of Royal Decree-Law 401/2021, of 8 June, also amended by Royal Decree-Law 2/2022, of 22 February.  It must be requested by the lessee before the competent Administration in matters of housing of its Autonomous Community, by means of “reasoned and justified statement of the compensation it deems appropriate based on the criteria indicated above”.   It is not indicated how the right to compensation will be sufficiently justified, but the average rental value in the area must be accredited, as well as a copy of what has been done so far in the legal procedures. The deadline for resolving and notifying the resolution of the case to the interested party will be three months, extendable to three more months ex officio by the competent body. Once these have expired without any express resolution, the application will be understood to have been granted due to administrative silent.

Before formalizing any type of claim on these issues, it is best to go to a professional beforehand so that the person can be advised on his/her specific case. If you have any doubts or queries in this regard, at Ventura Garcés we are at your disposal to help you with everything you may need.