Date: 29-1-2025
The Constitutional Court (TC) has declared unconstitutional a key part of the Housing Law, which imposed additional requirements on landlords when requesting the eviction of illegal occupants and delinquent tenants. The ruling, issued after an appeal by the Popular Party (PP), considers that these measures were “unreasonable and disproportionate.”
Requirements that were eliminated
The regulations required landlords to demonstrate several aspects before filing an eviction claim. Among these requirements was the need to prove whether the property was the habitual residence of the occupant and whether the plaintiff was a “large holder” (owner of more than 10 properties or more than 5 in stressed areas). If so, he had to prove whether the tenant was in a situation of economic vulnerability.
If the owner did not comply with these requirements, the eviction claim could be inadmissible. In addition, in cases of foreclosure where the property was to be auctioned, proof of the occupant’s vulnerability was also required before the auction.
Endorsement of limits on rental prices
Despite this partial annulment, the Constitutional Court has ratified other provisions of the Housing Law. Among them, the obligation of local councils to reserve a percentage of land for protected housing and restrictions on rent increases in stressed areas are maintained.
The Court has determined that these measures are proportional and do not violate the right to property, since they do not force the property to be rented or to establish uneconomic prices, but rather seek to balance the real estate market.
Conclusion
With this decision, the Constitutional Court makes a significant change in the application of the Housing Law, alleviating the obligations of owners in eviction proceedings, but maintaining the limitations on rental prices in high-demand areas. The ruling will impact the real estate market and property management in Spain in the coming years.