Aids for housing rent: the government has extended for 3 more months, until August 9, 2021, the measures to mitigate the effects of the pandemic on housing rental contracts and evictions. That is, when the landlord is a large holder or a public entity, the tenant may take advantage of measures to help him pay the monthly rent or in the face of evictions, motivated by the health crisis situation that has caused the Covid-19 pandemic.

Through a Royal Decree-Law, the Government has approved the extension for 3 additional months of the measures to alleviate the effects of the health crisis on housing rent  contracts and evictions, measures that were already established by previous royal decree-laws.

Measures adopted in the rental of housing

The urgent measures adopted concerning aids for housing rent, to help vulnerable families in the face of the pandemic are:

  • The extension until August 9, 2021 to request the moratorium or partial write-off of the rent, when the landlord is a large holder or public entity, in the terms established in the aforementioned Royal Decree-Law 11/2020. In this way, it is intended to address certain situations of vulnerability that may occur beyond May 9, the end of the state of alarm, as a result of the situation arising from the evolution of the pandemic. This is a measure that does not affect small homeowners.
  • The extension, until August 9, 2021, of the housing lease contracts that can benefit from the extraordinary extension of six months, under the same terms and conditions of the contract in force, provided that:
    • another different agreement has not been reached between the parties and that the owner, and
    • the owner, a natural person, had not communicated the need of the home for himself, in compliance with the terms and conditions established in article 9.3 of Law 29/1994, of November 24, on Urban Leases.

VERY IMPORTANT to bear in mind that the two previous measures can only be taken once during the entire period in which these measures have been in force.

  • The extension until August 9, 2021 of the protection measures that were approved for vulnerable households that face evictions from their habitual residence, with the coordination of the judicial bodies and the competent social services, as well as in those households affected due to eviction (expulsion) procedures from their habitual residence, which do not derive from rental contracts, when there are dependents, victims of violence against women or minors in charge. In the latter case, the Judge has the power to suspend the launch if the owners of these properties are natural or legal persons who own more than 10 homes (large holder), after a report from the social services in which the situation of economic vulnerability can be assessed, and act with measures in the face of this situation.
The request for a moratorium or partial write-off of rent can only have been requested once until the period of August 9, 2021, while they are in force and since said measures were decreed.

The request for a moratorium or partial write-off of rent can only have been requested once until the period of August 9, 2021, while they are in force and since said measures were decreed.

Aids for housing rent. Eviction suspension

In the above cases, the eviction cannot be suspended when:

  1. The dwelling is the habitual residence or second residence of the owner.
  2. It has occurred in a property owned by a natural or legal person who has transferred it by any valid title in law to a natural person who has his habitual residence or duly accredited second residence there.
  3. The entry or stay in the property has occurred through intimidation or violence against people.
  4. There is reasonable evidence that the home is being used for illegal activities.
  5. In the case of properties intended for social housing and the housing has already been assigned to an applicant.
  6. The entry into the property has occurred after the entry into force of the Royal Decree-law.

On the other hand, and benefiting the owners, if a housing solution is not offered in the three following months after the social services issue the report, the owners of the property will have the right to request compensation, provided that they prove the economic damage that they have been provoked. For this reason, the period in which the lessors affected by the extraordinary suspension of Royal Decree-Law 11/2020, of March 31, will be able to submit the request for compensation is extended until September 9, 2021.

If you are going to hire or rent a business premises or a home, do not hesitate to contact the Pérez Parras Economists & Lawyers Firm, with offices in the center of Malaga and Nerja. We are experts in leasing of homes and commercial premises, sales and conveyancing, claiming amounts owed, eviction and dispossesion of tenants, holiday rentals and drafting of lease contracts, as well as taxation of properties and income tax return of assets.