Evictions: what obligations the new decree assigns to public authorities

The Royal Decree-Law on Housing published in the Official State Gazette (BOE) on October 7 includes measures addressing certain evictions of vulnerable people. These include a mechanism to prevent evictions for non-payment when the competent public authority does not provide alternative accommodation: during the suspension of the proceedings, it must assume the amounts necessary to cure the default—that is, to prevent the eviction and keep the contract in force.

The Council of Ministers approved the measure on October 6 and, according to information published by La Moncloa, it came into force the day after its publication. However, its ratification by the Permanent Deputation of the Congress of Deputies is pending. It has therefore been published and is in force, but its continuation depends on that parliamentary procedure.

What the public authority must do if it does not offer an alternative

In eviction proceedings for non-payment covered by this mechanism, if the regional government competent for housing does not provide alternative accommodation, it must cure the default within two months. The law stipulates that the court proceedings are suspended during this period.

Curing the default means paying the amounts necessary to prevent the eviction. If the public authority does so, the proceedings end and the contract continues. If it does not act within two months, the suspension remains in place until it fulfils that obligation, according to the Government’s official explanation.

The decree also provides that, in suspensions ordered in other circumstances, the competent public authority must cover the expenses necessary to compensate the claimant when the claimant is a natural person or a legal entity engaged in affordable rental housing for habitual residence. Compensation may include, at most, the rent no longer received, unpaid utility bills and court costs.

Conditional protection, not a general ban

The law does not prevent all evictions or grant an automatic suspension to every tenant. The measures described apply in specific circumstances, linked to vulnerability and the absence of alternative accommodation; in some cases, the court is responsible for suspending the proceedings once those conditions have been verified.

There are also exceptions. Official information states that proceedings will not be suspended if the landlord proves that they are in a situation of vulnerability and own two homes or fewer. The suspension provided for until December 31, 2030 applies to specific scenarios regulated by the decree, not to a general halt to evictions.

For businesses, the distinction matters: payment obligations fall on the competent public authority; they are not presented as a waiver of the tenant’s debt. The specific scope depends on the legal circumstances, proof of vulnerability and the relevant court decision.