Extension of eviction moratorium for mortgage debtors

Law 1/2013 of May 14, on measures to reinforce the protection of mortgage debtors and restructure debt and social rent (“Law 1/2013”), suspended evictions on the primary residences of mortgage debtors who are particularly vulnerable.

This moratorium, as provided for in Law 1/2013, has been extended until May 2028 through Royal Decree-Law 1/2024 of May 14, which came into effect on May 15, 2024.

Subsequent regulations have expanded and extended the scope of application of this exceptional and temporary measure, which aims to protect mortgage debtors who are particularly vulnerable.

As we reported in our Finance and Restructuring Newsletter in May 2020 (on the occasion of the entry into force of Royal Decree-Law 6/2020), the measure currently applies to any judicial or non-judicial mortgage foreclosure where the primary residence of vulnerable individuals who meet the financial criteria set out in Law 1/2013 has been awarded to the creditor or any other natural or legal person.

Consequently, in all cases where the primary residence of debtors protected by Law 1/2013 is being awarded, evicting them will not be possible while the moratorium is in force. Only once the moratorium has been lifted will evictions be possible under article 675 and other provisions of the Spanish Civil Procedure Act.