2023-11-18 06:00:05
The new Housing Law, which modifies Law 1/2000 of January 7, establishes the procedures that an owner of a rental apartment must follow in the event that the tenant stops paying the rent. However, it also includes some cases in which the eviction will be stopped due to the condition or state of the tenant: tenant vulnerability.
The objective of the new regulations is the protection of people who are in a vulnerable situation. But When is a tenant considered vulnerable? What happens if you stop paying the fees and claim a situation of economic vulnerability? We resolve doubts.
When is a tenant vulnerable?
And tenant is considered vulnerable when you meet certain requirements related to your economic and family situation. To be considered in vulnerable situationthe tenant must meet at least one of the following criteria:
Having lost your job or experienced a substantial decrease in income, in the case of being self-employed or professional, of at least 40%The total income of the family unit (which includes the tenant, their spouse or common-law partner, children and other dependent persons) must not exceed certain thresholds established by law, which vary depending on family composition and other circumstances, such as disabilities or serious illnesses:Family unitExplanationIncome limitFamily unit (general)3 times the IPREMThe monthly IPREM is 537.84 euros
That is, per family unit 537.84 euros x 3
Total: 1,613.52 euros+ Children dependent 0.1 times the IPREM+ 53.78 for each child
That is, if you have a child: 1,613.52 euros + 53.78 euros
Total: 1667.30 euros+ 0.15 times the IPREM for single-parent and single-parent families.+ 80.67 for each child
That is, if you have a child: 1,613.52 euros + 80.67 euros
Total: 1694.19 euros+ Elderly people in the family unit (over 65 years old) 0.1 times the IPREM+ 53.78 for each elderly person
That is, if you have an elderly person in the family: 1,613.52 euros + 53.78 euros
Total: 1667,30 euros
In the case of families with members with disabilities or disabling illnesses, the income limits are increased:
Family unitExplanationIncome limit
Family unit in which any of its members:
Has a declared disability greater than 33%Dependency situationIllness that permanently incapacitates you from a work activity4 times the IPREM
The monthly IPREM is 537.84 euros
That is, per family unit: 537.84 euros x 4
Total: 2,151.36 euros (in addition to possible increases per dependent child)
If the person who signed the mortgage suffers from:
Cerebral palsyIntellectual disability (equal to or greater than 33%)Physical or sensory disability (equal to or greater than 65%)Serious illness that incapacitates the person or their caregiver to carry out a work activity5 times the IPREM
The monthly IPREM is 537.84 euros
That is, per family unit: 537.84 euros x 5
Total: 2.689,20 euros
Who are considered members of the family unit?
The family unit includes the person who signed the rental agreement, his or her not legally separated spouse or registered common-law partner, children of any age residing in the home (including those under guardianship), and spouses or common-law partners living in the home. same home.
How to prove a situation of economic vulnerability?
The documents and reports necessary to reflect the condition as tenant in a vulnerable situation economic are:
If you are legally unemployed: Certificate issued by the SEPE, mutual societies collaborating with Social Security or the Social Institute of the NavyIn the event of cessation of self-employed activity: Certificate issued by the AEAT or the competent body of the autonomous community, based on the declaration of cessation of activity of the interested party.
To access aid related to the right to housing:
To credit the number of people who live in the habitual residence: Family book or document accrediting de facto partnership, certificate of registration of the people in the home and declaration of disability, dependency or permanent incapacity for work.Ownership of the assets: Simple note from the Property Registry index service of all members of the family unitResponsible declaration of the debtor or debtors regarding compliance with the requirements to be considered without sufficient economic resources.
To present the documentation, the interested party must send an application to the court along with the necessary documents and request a report from the competent social services. If the court determines that you are in a vulnerable situation, it will notify social services for consideration.
Evict a vulnerable tenant
Under the new law that paralyzes or extends the deadline for evictions and evictions until December 31, 2023, delinquent tenants with open cases related to rent claims or breach of contracts subject to the Lease Law cannot be evicted. (LAU) of 1994. This is valid whether the eviction process has been previously suspended or not.
In such circumstances, tenants can request an extraordinary suspension of the eviction before the court, alleging a situation of economic vulnerability that prevents them from finding a housing alternative for themselves and their cohabitants.
If a date for eviction has not been set due to the hearing not being held or the 10-day period established by law not having elapsed, said period or the hearing will also be suspended.
Extension of eviction in case of vulnerability of the tenant
If tenants with debts are in a vulnerable condition, a court can determine a pause of two months for natural persons and four months for legal entities.
Once the eviction has been approved, it will be necessary to notify both the tenant and the landlord of the precise date and time of the execution (release). If the tenant is in a vulnerable situation, the new law establishes that the competent authorities in housing, social assistance, evaluation and information of situations of social need must be informed, as well as those in charge of providing immediate assistance to people at risk. of social exclusion, so that they can take measures if appropriate.
Furthermore, for an eviction claim to be processed, a series of information will be required to be provided, such as whether the property is the habitual residence of the tenant, whether the plaintiff is considered a large tenant and, if so, whether the plaintiff is also in a situation of economic vulnerability. When the plaintiff is a large holder, the application of a conciliation or intermediation procedure must be demonstrated.
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