According to Royal Decree Law 11/2020 of March 31.
- ECONOMIC VULNERABILITY: AUTOMATIC APPLICATION OF THE MORATORIUM ON LEASE DEBT in the case of large holders and companies or public housing entities.
Who can request the postponement of the rent?
- People in the event of economic vulnerability due to the coronavirus who, in the month prior to the request for the postponement, become:
- Unemployed.
- in ERTE.
- They have reduced their working hours due to caring for the elderly or minors.
In case of being an entrepreneur, or other similar circumstances, a substantial loss of income is suffered.
The person with a habitual residence contract signed under the Urban Leasing Law, who is in a situation of economic vulnerability, (see art 5 royal decree) and the lessor is a company or public housing entity or a large holder, understanding as such the natural or legal person who owns more than ten urban properties, excluding garages and storage rooms, or a constructed area of more than 1,500 m2, within one month from the entry into force of this royal decree-law:
The landlord, within a maximum period of 7 working days, must communicate one of the two:
- A 50% reduction in rental income for the duration of the state of alarm, with a maximum of four months in any case.
- A moratorium on the payment of rental rent.
- SUSPENSION OF THE EVICTION PROCEDURE and releases for vulnerable households without housing alternative.
Suspended eviction procedures derived from housing lease contracts, due to the effects derived from COVID-19 for which the lessee is in a situation of social or economic vulnerability supervening, for a maximum period of 6 months from the entry into force of this RD-law in the BOE, that is, from April 2 to October 2, 2020.
.Who can be in a situation of economic vulnerability?
In a situation of unemployment, – Within an ERTE, – They have reduced their working hours due to caring for the elderly or minors, – If they are an entrepreneur, or other similar circumstances, they suffer a substantial loss of income, IN ADDITION they meet the following requirements:
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- In general, the total income of the members of the family unit* does not reach the limit of three times the monthly Public Indicator of Multiple Effects Income (IPREM), which would mean around €1,614 per month. The IPREM may be increased 0.1 times for each dependent child or child over 65 years of age in the family unit (0.15 if it is a single-parent family unit). This limit will rise to four or five times the IPREM if any of the members of the family unit has a declared disability greater than 33% or 65%, respectively.
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- The rental income, plus basic expenses and supplies, is greater than or equal to 35% of the net income received by all the members of the family unit.
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- None of the members of the family unit owns a home or has a home in usufruct in Spain.
FAMILY UNIT means: that made up of the person who owes the rental income, their spouse who is not legally separated or registered domestic partner and the children, regardless of their age, who reside in the dwelling, including those linked by a relationship of guardianship, guardianship or foster care and their spouse not legally separated or registered domestic partner, who reside in the home.
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- It will not be understood that the assumptions of economic vulnerability as a result of the health emergency caused by COVID-19: tenant or any of the people that make up the family unit that inhabits that is the owner or usufructuary of a home in Spain,with exceptions.
- CUANDO EL ARRENDADOR NO SEA grandes tenedores y empresas o entidades públicas de vivienda (Art. 8).
The person in vulnerable situations (art. 5) within a month from the entry into force of this Royal Decree Law may request:
- Temporary and extraordinary postponement in the payment of rent.
The lessor must communicate the conditions for deferral or installment of the debt that he accepts or the alternatives, within a maximum period of 7 working days.
If the landlord does not accept any agreement, they may have access to the TEMPORARY FINANCING AID program regulated by article 9 Royal Decree:
- They are loans from banking entities, guaranteed by the ICO, to people who are in the situation of vulnerability defined above. The criteria and requirements will be complemented by an Order from the Ministry of Transport, Mobility and Urban Agenda.
- They have a repayment period of up to six years, exceptionally extendable for another four, and do not entail any type of expenses and interest for the applicant.
- These aids must be dedicated to the payment of the rent of the housing lease and may cover a maximum amount of six monthly rent payments.
- The tenants of the large holders may also request it
- EXTRAORDINARY EXTENSION OF THE RENTAL CONTRACTS OF HABITUAL DWELLING.
In habitual residence lease contracts in which, within the period from the entry into force of this royal decree-law until the day two months have elapsed since the end of the state of alarm, the mandatory extension period ends provided for in the article or the tacit extension period provided for in the Article 10.1 of theLAUmay be applied,upon request by the lessee, a an extraordinary extension of the term of the contract may be applied for a maximum period of 6 months.. This extraordinary extension request must be accepted by the lessor, unless other terms or conditions are established by agreement between the parties.