Urban leases, COVID 19 epidemic and state of alarm (II). Suspension of evictions in accordance with Royal Decree Law 37/2020, of December 23.

Abstract

Royal Decree Law 11/2020 has its origin in the state of alarm decreed on March 14, 2020 and introduces a series of measures for the benefit of tenants considered vulnerables, although the extraordinary extension of housing lease contracts and the voluntary moratorium agreed with the lessor who is not a large holder do not require this vulnerability requirement in the tenant. Recent regulations have introduced modifications in the application deadlines for these measures (for the rental moratorium in the case of a large landlord; for loans guaranteed by the State and for State Housing Plan aid) or in the period during which the contract may expire (in the case of an extraordinary extension of the contract). But the most important measure, because it affects the very essence of property rights, is the suspension of evictions due to non-payment of rents or similar amounts and due to expiration of the contractual term in case of vulnerability of the tenant as a result of the effects of the epidemic of the COVID - 19. In this sense, Royal Decree Law 37/2020 has modified Royal Decree Law 11/2020 (article 1), to provide for a suspension of the aforementioned eviction processes, or of the launches, until May 8 2021 (included), the date on which the second state of alarm decreed by Royal Decree 926/2020, of October 25 and extended by Royal Decree 956/2020, of November 3, ends. The legislator himself, aware of the expropriating nature of the measure, provides compensation for landlords, provided that certain requirements are met (thus, that public administrations take more than 3 months from the issuance of the report by the social services, to adopt the measures that guarantee the housing need of the vulnerable home).