In 2025, legal advice on evictions is more crucial than ever. This topic sparks significant debate and, in many cases, confusion. There is a lot of discussion around the suspension of evictions due to economic or social vulnerability, the role of social services, and other related matters.
Is claiming economic vulnerability enough to suspend an eviction process? What role do social services play in these cases? In this article, we review some key aspects and debunk common misconceptions about the process.
The Role of Social Services in an Eviction Procedure.
When an eviction claim is filed, the court must inform the occupant of their right to seek assistance from the relevant housing and social services authorities. Additionally, the court will officially notify the competent authorities about the eviction proceedings. These authorities must assess any potential vulnerability and, if necessary, propose immediate support measures, financial aid, and a social housing alternative.
Can an Eviction Be Suspended Due to Economic and/or Social Vulnerability?.
Yes, eviction can be temporarily suspended in certain cases. Up to four months if the claimant is a large-scale landlord and up to two months in all other cases. However, this suspension is not automatic. Social services must issue first a report to the court confirming whether the defendant is in a situation of vulnerability.
However, to suspend the eviction, merely claiming economic or social vulnerability is not enough. This vulnerability must be documented and proven. Furthermore, the authorities must propose a social housing alternative, immediate support measures, and specific financial assistance. If this documentation is not provided, or there is no evidence that aid is in process, the court could refuse to suspend the procedure.
Have All Evictions Been Suspended Until 31 December 2025?.
Not exactly. Spanish law allows for the extraordinary suspension of eviction in cases of economic vulnerability, but this is not applied automatically or universally. It only applies to:
.- Unpaid rent in vulnerable households with no alternative housing under the 1994 Urban Leasing Law (LAU).
.- Occupants without legal title to the property who are victims of gender-based violence, have dependents or minor children in their care, and are in a situation of vulnerability (provided the property belongs to individuals or legal entities that own more than ten properties).
Suspension of Evictions for Mortgage Debtors in Vulnerable Situations Until 2028.
Additionally, an eviction suspension for mortgage debtors in situations of special vulnerability remains in effect. Originally established under Law 1/2013, this measure was extended once again through Royal Decree-Law 1/2024. Protection has now been extended until May 15th, 2028.
This means that if a property has been repossessed through mortgage foreclosure but is occupied by vulnerable individuals, such as families with minor children or people with disabilities; who meet the established financial requirements, they cannot be evicted until 2028.
At White-Baos Lawyers, we are experts in real estate law, judicial claims, and eviction proceedings. If you find yourself in any of these situations and need legal advice on evictions, do not hesitate to contact us. We will analyse your case and provide expert legal guidance.
The information provided in this article does not constitute legal advice; it is intended solely to provide general information on legal matters.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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