The Council of Ministers has given the green light the decree that regulates the compensation that homeowners will receive, who are affected by the suspension of evictions of vulnerable people without alternative housing. Said compensation may be requested if social services have not been able to find an alternative for these vulnerable people and when there is a loss of income for the landlord.
“The decree establishes the measures and the procedure so that the autonomous communities can use the resources of the State Housing Plan 2018-2021 to face said compensation within their territorial scope”, Explained the Minister of Transport, Mobility and Urban Agenda, José Luis Ábalos .
The eviction decree of December 2020 already established that homeowners would have the right to request compensation for the damage caused by the suspension of the evictions of the vulnerable person or persons, if after the three months that the Administration has to offer that family a housing solution, and when there is a loss for the owner because the property was rented or put up for sale or rent .
The owner is entitled to receive a compensation equivalent to the rental price of the area in which the property is located, as established by the Ministry’s Housing Price Index, plus current housing expenses that the landlord proves to have assumed for the period between the suspension of the eviction and its lifting ..
“If said value is higher than the rent received by the landlord, the compensation will consist of the rent not received during the same period indicated above plus current expenses,” clarifies the text of the royal decree approved in December 2020.
The request for compensation may be submitted by the lessor, having to formulate a reasoned and justified statement of the compensation that it deems appropriate based on the criteria indicated above.
The last extension of the anti-eviction decree until August 9 extended the deadline for submitting the compensation request for three more months, which ends on September 9.
“With this decree we come to combine the need to address the social and health emergencies that have occurred in this pandemic with respect for the legal security of owners and landlords,” stressed José Luis Ábalos.
They continue excluded from the suspension of evictions the cases in which the home is the habitual residence or second residence of the owner, when it is a property assigned by any valid title in right to a natural person who has his habitual residence or second residence duly accredited and when the entry or stay has occurred through intimidation or violence against people .
Also when there are rational indications that the home is being used for illegal activities, in the case of properties intended for social housing and the home has already been assigned to an applicant and in cases where the entry into the property has been produced after the entry into force of the measure.