Royal Decree-Law 5/2023, of June 28, which adopts and extends certain measures to respond to the economic and social consequences of the war in Ukraine, to support the reconstruction of the island of La Palma and other situations of vulnerability; to transpose European Union Directives regarding structural modifications of commercial companies and the reconciliation of family and professional life of parents and caregivers; and to implement and comply with European Union Law.
The most relevant amendments made in the area of real estate by RDL 5/2023 are centered on two.
On the one hand, we find the modification of Royal Decree-Law 11/2020, of March 31, adopting urgent complementary measures in the social and economic field to face the COVID-19, in its articles 1 and 1 bis.
Article 1 modifies the regulation of the suspension of the eviction procedure and of the evictions for vulnerable households without housing alternative, establishing that until December 31, 2023, in verbal trials on claims for rent or amounts owed by the tenant, or expiration of the term, the tenant may request an extraordinary suspension of the eviction or eviction before the Court in case of being in a situation of economic vulnerability that makes it impossible to find a housing alternative for himself and for the people living with him.
If there is vulnerability on the part of the landlord, the judge, in view of the documentation presented, will weigh whether the vulnerability of one or the other should prevail, and decide whether to continue the procedure or not.
In any case, the computation of days to vacate the property, pay the plaintiff or make available to the court or notary the amounts claimed will be automatically resumed as of December 31, 2024.
Once the vulnerability is proven, the Public Administrations, “AP”, must adopt the appropriate measures to satisfy the housing need of the person in such situation and communicate to the Court such application so that the Lawyer of the Administration of Justice, “LAJ”, within a maximum of 3 days, may issue a decree lifting the suspension of the proceedings. Article 1 bis modifies the regulation of the suspension of the eviction proceedings and of the evictions for economically vulnerable persons without a housing alternative in the cases of paragraphs 2.o, 4.o and 7.o of Article 250. 1 of the LEC, and in those other cases in which the eviction is caused by a criminal proceeding, establishing that until December 31, 2023, in all oral proceedings relating to the recovery of possession assigned in precariousness, summary guardianship of those who have been deprived of the possession of a thing and effectiveness of rights registered in the Property Registry against those who disturb their exercise, as well as in the other criminal proceedings that are substantiated.
the launching of habitual dwelling of those persons who are inhabiting without an authorizing title, the Judge will be able to suspend the launching in an extraordinary and temporary way until December 31, 2023.
The homes must belong to legal entities or individuals who own more than 10 homes, and the persons who live in them must be in a situation of economic vulnerability.
The Judge will decide according to the weighting and proportionality of the specific case, taking into account:
- If the entry or permanence in the property is due to a situation of extreme necessity, according to the report of the social services.
- Cooperation of the inhabitants of the dwelling with the competent authorities in the search for housing alternatives.
For the suspension to be effective, the untitled occupant of the dwelling must be a dependent person according to art. 2.2 of Law 39/2006 and prove a situation of vulnerability (art. 5.1 and 6.1 RDL 5/2023). The LAJ will transfer to the social services all the documentation so that in 15 days they can issue a report assessing the situation of vulnerability.
If vulnerability is not accredited or if there is no right to request the suspension, the continuation of the procedure will be agreed.
During the suspension, the PA must adopt the appropriate measures indicated by the social services report to satisfy the housing needs of the person in a situation of vulnerability and inform the competent Court so that it may agree to lift the suspension and the corresponding release.
The suspension will not proceed if the entry or stay has taken place:
- In a property owned by a natural person, if he/she has his/her habitual residence or duly accredited second residence in said property, without prejudice to the number of dwellings of which he/she is the owner.
- In a property owned by a natural or legal person who has it assigned by any legally valid title to a natural person who has his habitual residence or duly accredited second residence therein.
- Entry or permanence by means of intimidation or violence against persons.
- Existence of rational indications that the dwelling is being used for the realization of illicit activities.
- Entry or stay in publicly or privately owned properties intended for social housing and housing had already been assigned to an applicant by the administration or entity that manages such housing.
- Entry after the entry into force of this Royal Decree-Law.
On the other hand, Royal Decree 401/2021, of June 8, which approves the necessary measures so that the.Autonomous Communities can use the resources of the State Housing Plan 2018-2021, in order to face the appropriate compensations, is amended, and establishing the procedure for the recognition of the compensation to owners and landlords referred to in Articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, adopting urgent complementary measures in the social and economic field to face the COVID-19, in its Article 9.
The procedure for obtaining compensation will be initiated at the request of a party, by means of an application, until January 31, 2024. The lessor or owner shall address his request to the competent body of the CA, together with a reasoned and justified statement of the compensation for the period between the time the suspension is agreed and the time when it is lifted, either by the Court or by the time limit of December 31, 2023, and which he considers appropriate in attention:
- a.Average value of a home rental in the vicinity of the property, based on price benchmarks. If the value is higher than the rent received by the lessor, the compensation will be the rent foregone.
- The current expenses of the dwelling that the lessor or owner proves to have assumed, for the period between the suspension and the moment in which it is lifted.
- In the case of the suspension of the launching, the owner must prove the economic damage caused by the fact that the property was offered for sale or lease prior to the entry into the property.
