Court Ruling: Eviction Suspended in Santander
In Cantabria, the Provincial Court has decided to temporarily halt the eviction of a tenant facing difficult life circumstances. The panel of judges overturned an earlier lower court decision, taking into account the landlord’s status as a major property owner and the tenant’s confirmed social vulnerability. Application of new measures under Real Decreto-ley 1/2025 has extended protection for tenants left without alternative housing until the end of 2025.
Case Background and Arguments
The dispute began after the end of a lease signed in early 2018. The apartment owner in Santander took the matter to court, demanding the property be vacated once the rental period expired. In January 2025, the first-instance court sided with the owner and ordered the premises to be vacated, warning of possible forced eviction. The tenant, disagreeing with the decision, filed an appeal, citing violations of procedural rights and requested the case be returned to the hearing stage. Among other arguments, the tenant pointed to a previous request to suspend the eviction under earlier crisis measures, but the court ruled that this issue had already been resolved and was not subject to review. Nevertheless, the court recognized the tenant’s vulnerability and the landlord’s status as a large property owner, which became grounds for postponing the eviction.
Compensation for Owners and Balancing Interests
The property owner has been granted the right to compensation for being unable to use the apartment during the deferment period. The compensation amount is determined based on the average market rental value in the area and also includes documented expenses. If the market value exceeds the agreed rent, compensation is calculated based on the actual lost payments and incurred expenses. The court ruling emphasizes the need to balance the right to housing and the interests of property owners.
Vulnerability criteria and the role of social services
Tenants who are unable to find alternative housing or cover basic expenses may request a deferment. Additional consideration is given if there are minors, people with disabilities, or victims of domestic violence, provided economic vulnerability is proven. To confirm this status, documentation on income, certifications from social services, family composition, and essential expenses must be provided. Social services assess the situation of both parties, prepare a report on the level of vulnerability, and suggest support measures or relocation options.
New rules: expanded protections and compensation procedures
Unlike the temporary measures introduced during the pandemic, the new provisions of Real Decreto-ley 1/2025 are aimed at providing long-term support for economically vulnerable tenants. When a deferral is agreed upon, the property owner can apply for compensation from regional or state authorities by submitting a court decision, property documents, and a calculation of losses. The amount paid is determined based on official rental price indices and verified expenses. This approach ensures support for those facing difficult circumstances while also guaranteeing fair compensation to property owners.
