Analyzing the Recent Ruling of the Constitutional Court Regarding Evictions on elEconomista.es

On January 29, elEconomista.es published an article titled "The Constitutional Court Overturns Part of the Housing Law That Made Evictions More Difficult", written by Eva Díaz. In this publication, Cristina Bilbao, Manager and Lawyer at CIM Tax & Legal, offered her perspective on the recent decision of the Constitutional Court (CC).

A Key Ruling for Streamlining Eviction Procedures

The Constitutional Court has declared unconstitutional the obligation imposed on large property holders to prove the tenant’s vulnerability as a prerequisite for admitting an eviction lawsuit. Until now, the regulation required landlords to obtain a report from Social Services with the tenant’s consent, which could lead to significant delays in starting the process.

Cristina Bilbao highlights that the annulment of this admissibility requirement will have a significant impact on expediting judicial processes. "We can say that this measure will speed up eviction judicial procedures, as in practice the large property holder, when filing a lawsuit, was required to prove the tenant’s vulnerable situation, which was complicated by needing the tenant’s consent. This left the tenant in a position to prevent the landlord from initiating the process. This was causing economic harm to the landlord by prolonging the eviction procedure," she states.

Main Implications of the Ruling

• Landlords will be able to file a lawsuit without needing to first present a vulnerability report.
• If the tenant wishes to prove their vulnerable situation, they must do so within the judicial process once the lawsuit is admitted.

If you want to know all the details about this important ruling, we invite you to read the full article on elEconomista.es via the following link:
Read the full article here

We thank elEconomista for continuing to trust our professionals, and María Galán for her constant collaboration with the CIM team.