Factsheet for case ES-2020-14/605 – measures in Spain
|Country||Spain , applies nationwide|
|Time period||Temporary, 31 March 2020 – 31 January 2021|
|Type||Legislations or other statutory regulations|
Measures to prevent social hardship
– Keeping a safe home
|Author||Oscar Molina (UAB) and Eurofound|
|Case created||14 April 2020 (updated 01 December 2020)|
With the objective of guaranteeing the right to housing of groups whose rental contract expires during the state of alarm as a a consequence of the COVID-19 crisis, Royal Decree Law 11/2020 establishes an extension of rental contracts.
The Royal Decree-Law provides for tenants in vulnerable situations, moratoriums on the payment of rent or waivers thereof, which will be mandatory or not, depending on the condition of the landlord of the home (small holder or company / large holder), and they establish a series of financial aids guaranteed by the State for those tenants in vulnerable situations who cannot agree to moratoriums with their natural person landlords and cannot face the payment of the rent for their homes.
According to the explanatory memorandum of the Royal Decree, regarding the situation of the rental market, three objectives are pursued:
Consequently, the key to having access to the measures approved by the Government is to be the lessee of a housing contract granted under the current Law of Urban Leases and to be in a vulnerable situation.
In the rental contracts of habitual residence in which, within the period from the entry into force of this royal decree-law until two months after the end of the state of alarm for the management of the health crisis situation caused by COVID-19, the mandatory or tacit extension of rental contracts may be applied, upon request of the tenant. This extraordinary extension of the term of the lease can last a maximum period of six months, during which the terms and conditions established for the contract in force apply. This request for extraordinary extension must be accepted by the landlord, unless other terms or conditions are set by agreement between the parties.
No data available.
|Does not apply to workers||Does not apply to businesses||
Other groups of citizens
No special funding required
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||No involvement as case not in social partner domain||No involvement as case not in social partner domain|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Social partners were not involved in designing, implementing or monitoring the measure.
Social partners were supportive of this measure.
Eurofound (2020), Extraordinary extension of the rental contracts for habitual residence, case ES-2020-14/605 (measures in Spain), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.