Friday 24 March 2017


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.

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