Desahucios can often be paused, but knowing exactly when and how requires understanding specific legal thresholds. The recent case of Mari Carmen, evicted from a home she lived in for over 70 years, has raised questions about the ability to stop these proceedings. Legálitas, analyzing current regulations, outlines the grounds for suspension and clarifies where they do not apply.
Criteria for Economic or Social Vulnerability
Legálitas explains that there is no automatic state regime to suspend evictions based solely on vulnerability. Instead, the request must rely on general provisions from the Civil Procedure Law, specifically articles 441.5 and 441.7. A person is considered vulnerable if their family income does not exceed three times the IPREM in standard cases.
The income limit rises based on family circumstances, such as having minor children or living with someone over 65. If a family member has a disability of 33 percent or higher, or is dependent, the threshold increases to four times the IPREM. In cases of severe disability, serious illness, or when the tenant or their caretaker cannot work, the limit can reach five times the IPREM. Social vulnerability is primarily assessed through social services reports, considering factors like dependency, domestic violence, or care for minors.
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Procedural Errors and Agreements
Agreements between the owner and tenant also provide a way to suspend the process. These can involve a temporary extension to vacate the property or a new rental contract. In many instances, direct negotiation prevents the physical eviction from taking place.
Another key factor is the use of Alternative Dispute Resolution mechanisms. Starting on April 3, 2025, attempting to reach a solution through an Adequate Means of Controversy Resolution (MASC) is a procedural requirement before filing a civil lawsuit. This can be done through direct negotiation, mediation, or a neutral third party. If the owner fails to prove they attempted this before filing, the court may reject the demand, unless a specific legal exception applies.
Common Misconceptions
Legálitas clarifies that simply having dependents does not pause a proceeding. Vulnerability is assessed through specific legal criteria. A person is considered vulnerable if they are a dependent according to article 2 of Law 39/2006, a victim of gender-based violence, or if they care for a dependent person or minor living in the same household. Courts evaluate these situations primarily using social services reports to decide on suspensions.
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