If I cannot evict a vulnerable tenant, will anyone compensate me for the rent I do not receive?

Question

José Manuel Alburquerque · Accepted Answer

In some cases, yes. If the eviction is for non-payment and the tenant is in a vulnerable situation, since 8 October 2026 the public authorities have two months to pay you everything claimed, together with the costs, or to offer the tenant another home. If they do neither, they become the debtor for the rent. If the eviction is suspended under the regime in force until 2030, the law provides for compensation for landlords who are individuals and for entities providing affordable or social rented housing, but not for funds that buy homes or non-performing loans. While the suspension lasts, the tenant still owes you the rent. When the public authorities pay or take over the debt This is known as the extraordinary reinstatement of the tenancy (“enervación extraordinaria”), which has applied since 8 October 2026 in evictions for non-payment where the tenant is economically vulnerable: From the date of notification, the public authorities have two months, which cannot be extended, to pay (or pay into court) everything claimed, whatever has fallen due since and the costs, or to offer the tenant suitable 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, the public authorities automatically take the tenant's place as debtor. There is no eviction and the tenancy runs to the end of its term as long as the vulnerability lasts. From then on, the rent is claimed from the authorities, although it is not yet clear how future rent will be paid. When the eviction is suspended If that solution is not available, the judge can suspend the eviction of vulnerable people who have no other home. This regime lasts until 31 December 2030, with periodic reviews and, in general, a maximum of three years per case: Landlords who are individuals and legal entities engaged in affordable or social renting are entitled to compensation, on the conditions and within the limits set by the decree itself. Entities that buy homes or portfolios of non-performing mortgage loans are not entitled to it. When you are notified of the suspension, find out straight away how and by when to apply for compensation. If you had a suspension under the regime that preceded the October decree and did not apply for compensation, seek advice as soon as possible, because the time limit may have passed. Other options The tenant still owes you the rent even if the eviction is suspended. In Catalonia, each monthly payment can be claimed for three years from when it falls due. A written claim, such as a “burofax” (a certified letter with proof of content), makes the time limit start again. If you have rent guarantee insurance, notify the insurer of the claim within the time limit set by the policy. For the purposes of the “IRPF”, Spain's personal income tax, you can deduct as an expense rent whose collection is doubtful, once more than six months have passed since your first attempt to collect it or if the tenant is in insolvency proceedings. If you later collect it, you declare it as income in that year.