Eviction suspension for vulnerable households

Terms used

• IPREM — The IPREM is the public income index Spain uses to set limits for benefits and aid.
• Lanzamiento — The lanzamiento is the physical eviction, carried out on a date set by the court.
• Juzgado — The juzgado is the court handling your eviction case.
• Servicios sociales — The servicios sociales are the town hall or regional social services office that assesses your household's situation.
• Justicia gratuita — Justicia gratuita is free legal aid for people who meet the income criteria.

Key rules

• Duration: The judge sets the period, and a suspension against a large landlord may last up to 12 months.
• Proof: You need a social services report and income papers, and the judge decides whether to grant it.
• Timing: Ask social services for the report as soon as you get the court notice.
• Eviction date: Ask the court expressly to hold the date while it decides.
• Status: Confirm the scheme is currently in force before relying on it.

Can you get a suspension?

Possibly. A judge can pause an eviction for a household in economic hardship. You have to prove the hardship, and the judge decides. Nothing is automatic.

Before you plan around it, confirm with the court or your social services that the suspension scheme is in force now. It has been renewed several times, usually a year at a time, and its status has changed. Do this first.

Conditions

• The home is your habitual residence, meaning your main home.
• Your household is economically vulnerable. Your income must be below a limit tied to IPREM, typically 3 times IPREM and higher if you have dependants.
• Social services confirm the vulnerability in a written report.
• The case is an eviction from a home.

Your nationality or immigration status does not change the procedure. You still have the right to a defence, and to an interpreter or translation if you do not understand the language. Free legal aid (justicia gratuita) may be available if you meet the income criteria. For people without papers, this depends on the case, so ask the legal aid office at your local bar association.

How to claim

1. Ask social services for a vulnerability report. Go to your town hall's or region's servicios sociales as soon as the court notifies the eviction or sets the date for the lanzamiento.
2. File a written request with the court (juzgado) handling your case. Attach the report and papers proving your income. You can file any time before the eviction is carried out, but earlier is much safer.
3. Social services and your landlord are asked for comment. The rules set a short period for this, about 10 days.
4. The judge decides, weighing your situation and the landlord's.

Filing does not by itself stop the lanzamiento (the physical eviction) in every case. Courts normally pause it in practice, but do not assume yours will, so check with the court that the date has actually been put on hold.

How long it lasts

The judge sets the period, and it is always temporary. If your landlord is a company or owns more than 10 residential properties (or more than 1,500 m² of residential floor space), the suspension may last up to 12 months. For an individual landlord, the general limit is shorter, up to 6 months.

Note the end date if you are granted it. The eviction can go ahead afterwards, so use the time to find a housing solution. When the landlord is a large holder, the court also asks the authorities to look for one.

What it means for your landlord

A landlord whose eviction is suspended can ask the court for compensation for the rent lost during the suspension. The public authorities, usually the region, pay it, not you. Large landlords may also have to take part in a conciliation process. Rules vary by region, so ask your court or social services how they apply locally.

The documents, timeline, checklist and common questions are below.

Choosing between options

How long a suspension can you ask for?

• Shorter suspension: Your landlord is a private individual: the court can suspend for up to 6 months.

• Longer suspension: Your landlord is a company or owns more than 10 residential properties: the court can suspend for up to 12 months.

The type of landlord decides the maximum. Either way, the judge sets the period after hearing social services and your landlord, and your landlord may claim compensation.

Timeline and deadlines

• File your written request with the court: any time before the eviction is carried out, ideally right away

• Social services and your landlord are heard: about 10 days before the judge decides

• Suspension period set by the judge: up to 6 months in the general case, up to 12 months if the landlord is a company or large owner

Check the current end date of the regime and the exact periods with the court or a legal aid office.

Documents you need

• Social services report on your household's vulnerability, issued by your town hall's or region's social services, confirming the home is your habitual residence.

• Written request to the court handling your case, asking for the eviction to be suspended.

• Supporting papers that prove your income, which must be below the limit tied to IPREM (typically 3 times IPREM, higher with dependants).

Checklist

• Check that the home is your habitual residence and your income is below the limit tied to IPREM.

• Ask your social services for a report on your vulnerability as soon as you get the court notice.

• File a written request for suspension with the court, attaching the report and your supporting documents.

• Make sure your request names the eviction date, so the court knows which one to stop.

• Confirm with the court or social services whether the suspension regime is currently in force.

Frequently asked questions

Does my immigration status affect whether I can ask for suspension?

No, the same court procedure applies whatever your nationality or immigration status.

Can my landlord get money because my eviction is suspended?

Yes, your landlord can ask the court for compensation for the rent they lose during the suspension. The court sets the amount, usually from the lease rent or market rent, and the regional administration normally pays it, not you.

Will the court stop my eviction date as soon as I file?

No, the court does not stop the date automatically when you file, though in practice it normally pauses the date while it decides. You should ask for this expressly in your request. The social services and your landlord are given about 10 days to be heard before a decision.

What if my landlord is a large company?

The court can also ask the authorities to find you a housing solution, and the landlord may have to join a conciliation process. The suspension can also last longer, up to 12 months.