Measures to protect tenants and homeowners during the state of alarm in Spain,
The Royal Decree Law 37/2020 of 22 December on urgent measures to address situations of social and economic vulnerability in the field of housing regulates, on the one hand, the protection mechanisms for occupants of homes that are in a vulnerable situation, and on the other hand, the right to compensation for owners and tenants affected.
Mechanisms for the protection of tenants and occupants
a). Launch suspension incident: the suspension during the alarm state of the eviction procedure and launch of rentals is regulated in the case of economically vulnerable persons without a housing alternative.
b). Guarantee of water and energy supply to vulnerable consumers. It is guaranteed by law that during the current state of alarm the supply of electricity, natural gas and water to those consumers who are vulnerable consumers cannot be suspended.
Right of compensation of landlords and property owners
The owners and landlords affected by the extraordinary suspension in case of vulnerability of the tenant, squatter or occupant, will have the right to request compensation when the competent administration, within 3 months from the date of the report of the social services to address the situation of vulnerability and providing decent housing, has not adopted such a measure. The compensation will consist of the average value that would correspond to a housing rent in the environment in which the property is located, determined from the reference indexes of the price of housing rent.
RDL establishes the possibility for tenants of business premises to request, within one month ending May 22, 2020, a moratorium on the payment of contractual rent, during the period of the state of alarm and its extensions for a maximum period of 4 months.