Background information

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:

1. respond to the situation of vulnerability incurred by tenants of habitual residence as a result of circumstances arising due to the health crisis COVID-19, especially those who were already making a great effort to pay the rents, but also those who, without previously being in that situation, are now in it circumstantially;
2. design balance measures that prevent vulnerability from being transferred to smallholders when solving the tenants' situation; and
3. mobilize sufficient resources to achieve the objectives pursued and respond to situations of vulnerability.

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.

Content of measure

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.

Use of measure

No data available.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Applies to all citizens

Actors and funding

Actors	Funding
National government	No special funding required

Social partners

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:

• No involvement
• Main level of involvement: Unknown

Involvement

Social partners were not involved in designing, implementing or monitoring the measure.

Views and reactions

Social partners were supportive of this measure.

Sources

• 31 March 2020: Royal Decree 11/2020 (www.boe.es)
• 29 September 2020: Royal Decree 30/2020 (www.boe.es)
• 27 October 2021: Royal decree-law 21/2021 - Extension of measures (www.boe.es)