A lawyer explains how the situation of housing owners who are victims of an squatter after the decree published in the BOE is now

The Government has recovered, thanks to an agreement with Junts, some of the measures of the social package of the Omnibus decree that declined last week. Among them, is the paralysis of evictions to those households declared as vulnerable.

The BOE points out that this measure is recovered in a context in “the one that is necessary to safeguard the protection of the most vulnerable homes for a period.” Thus, the suspension of this type of households will be paralyzed until next December 31, 2025.

The suspension of the decree has lasted only one week. The measure has been held by certain groups, but, as the lawyer indicates to ABC Arantxa GoenagaExpert in Real Estate Law and member of AF Legis, adds “legal insecurity” to those who are immersed in judicial processes for the recovery of homes whose tenants do not pay the income.

The situation of the owners with the return of the decree

At the time the social measures of the Omnibus decree were repealed, many law firms rushed to present the writings to try to recover their clients’ homes. Now, Arantxa Goenaga says that “the courts have not said anything” about them and adds that assume that “they are going to refuse”. The decree enters into force this Thursday.

However, as the lawyer indicates and always starting from the basis that everyone “has the right to housing”, there are roads to which you can resort. One of them is “Require the administration to say if the measures have been met”.

Goenaga refers to the fact that in these evictions that are suspended “it is the social services who decree the vulnerability situation.”

Once the tenant is vulnerable, measures must be agreed, which must start from the administration, so that the person has a housing alternative.

However, “No administration” has put solutions to the problem of these defaults. Even so, many of the judicial procedures “have been paralyzed.” That is why part of the strategies can now focus on checking if all conditions have been met by both parties.

What happens to the compensation that owners can request from the government?

In theoretical terms, the rule tries to offer a ‘solution’ for those owners affected by the inquiokupation. These can request compensation – they have a term until January 31, 2026 – if an alternative has not been found. However, the lawyer points out that It does not always “guarantee that it covers the totality”.

Among the compensation criteria, the standard indicates that it will depend on the average price that would correspond to a rental of an environment. This too poses some legal problem. Goenaga points out that “It is not the same if the house was fully equipped and renovated” and therefore the price was higher than the average of the environment.

In this sense, the real estate law expert explains that other criteria could be taken into account such as “the rental inventory” in case, for example, that they had to replace appliances or other largest furniture. In any case, it indicates that “the State would have to supply it” and therefore it would be necessary to look for the most appropriate formula.

Prohibition of cutting supplies

The prohibition of cutting supplies to vulnerable consumers And, if so, the owner would be committing a crime of coercion.

In this sense, the problem comes when the name has not been changed on the receipts since the owner, if he is not a vulnerable consumer, must continue to pay. “It is the supply companies that cannot cut supplies to vulnerable consumers,” recalls the lawyer.

Evictions, suspended in Spain since 2020

The suspension of evictions to the people considered in a situation of vulnerability entered the political, economic and social agenda through Royal Decree-Law 11/2020. The standard includes certain limits based on the person’s income, determined from the IPREM, so that it can be declared or not with this condition. Since then, extension to extension, Evictions of this type have been suspended since 2020.