Vulnerable tenants: possibility to suspend evictions through extraordinary enervation with Administration intervention

In 3 key points

1. I
   A 2-month period for the Administration to offer housing or pay the debt and costs (Art. 5.2). (art. 5.2)
2. II
   Automatic subrogation of the Administration into the debt if no payment or alternative is provided within 2 months (Art. 5.2). (art. 5.2)
3. III
   Suspension of the proceedings and the eviction process during the administrative action period (Art. 5.2). (art. 5.2)

How it affects those involved

For vulnerable tenants, the regulation provides robust protection that can suspend eviction and maintain the tenancy through public intervention (Art. 5.2). For landlords, a payment guarantee mechanism is established: if the Administration fails to provide housing, it must pay the full debt, costs, and accrued interest, or subrogate into the debt (Art. 5.2). Public Administrations assume the financial burden and the responsibility of managing housing alternatives or the subrogation of the debt within a two-month period (Art. 5.2).

Frequently asked questions

What happens if I am a vulnerable tenant and receive an eviction notice?

Extraordinary enervation is triggered. The Administration has 2 months to provide you with housing or pay the debt to the landlord, suspending the eviction during that time (Art. 5.2).

How does the landlord ensure payment if the Administration fails to act?

If 2 months pass without a housing alternative or payment, the Administration automatically subrogates into the tenant's debt, keeping the contract in force (Art. 5.2).

What costs must the Administration cover to prevent eviction?

It must pay the total amount claimed, all amounts accrued up to that point, and the legal costs in favour of the claimant (Art. 5.2).

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