Can a vulnerable tenant or a tenant with children be evicted? Are evictions still suspended?

Question

José Manuel Alburquerque · Accepted Answer

Yes, a claim can be brought against the tenant, but the eviction may be delayed considerably. The suspension that began with the pandemic no longer applies, because the “Congreso”, the lower house of the Spanish Parliament, repealed its last extensions. Since 8 October 2026 there has been a new regime, until the end of 2030, that allows evictions of vulnerable people who have no other home to be suspended, generally for three years at most. In addition, since 2023 the “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, has allowed the eviction of a vulnerable family to be suspended for a few months while the social services intervene. The fact that there are minor children does not prevent the eviction, but it counts when assessing vulnerability. The protection under procedural law It applies to evictions from a principal residence, whether for non-payment, at the end of the tenancy, for occupation by permission (“precario”) or for squatting. The court notifies the social services and, if they confirm that the family is vulnerable, the judge can suspend the eviction for up to two months if the landlord is an individual or up to four if it is a company or other legal entity. The judge decides case by case and also takes into account whether the landlord is vulnerable. For economic vulnerability, the law looks above all at whether rent and utilities take up more than 30 % of the family's income and whether that income is no more than three times the IPREM, the indicator the State uses as an income benchmark for public aid, with increases for each dependent child and in other cases. It also counts if minors, dependent people or victims of gender-based violence live in the home. The new regime, since 8 October 2026 In evictions for non-payment, if the tenant is economically vulnerable, the public authorities have two months to pay everything owed, together with the costs, or to offer the tenant suitable alternative housing. In the meantime, the proceedings and the eviction by the court bailiffs (the “lanzamiento”) are put on hold. If the authorities pay, the proceedings end and the tenancy continues. If they do nothing, they become the debtor in place of the tenant, there is no eviction and the tenancy runs to the end of its term as long as the vulnerability lasts. If the claimant is an entity engaged in buying properties or portfolios of non-performing mortgage loans, the judge suspends the proceedings even if judgment has already been given, provided that the eviction has not yet taken place. Those entities receive no compensation. In other cases, the suspension lasts three years at most and is reviewed periodically. It is lifted, for example, if the vulnerability ends or if the tenant refuses suitable alternative housing without good reason. The judge also takes into account whether the landlord is vulnerable. Landlords who are individuals and entities providing affordable or social rented housing are entitled to compensation, on the conditions and within the limits set by the decree. It also applies to proceedings already under way in which the eviction has not yet taken place. What you should do If you are the tenant, go to your town council's social services as soon as possible so that their report arrives in time. Reply in writing to the landlord's proposals for an agreement. If you are the landlord, state in the claim whether the flat is the tenant's principal residence and whether you are a large-scale landlord (“gran tenedor”). If you are also in a vulnerable situation, provide evidence of it, because the judge takes it into account. If the eviction is suspended and you are an individual, find out about the compensation and apply for it.