La ejecución de los desahucios tras el convalidado Real Decreto-Ley 7/2019

Résumé

Royal Decree-Law 7/2019 on urgent measures regarding housing and rent amends, among other regulations, several sections of the Civil Procedural Act (LEC) that affect the oral proceedings of the eviction and its enforcement, granting the same procedural tools to both parties for the defence of their rights by correctly extending the processing of claims for the oral proceedings and, with the aim of protecting the tenant in a situation of vulnerability, admitting the possibility that, once the procedure has begun, it can be suspended so that social services can intervene in order to find a solution to the housing crisis. The reform aims to address situations that demand greater social protection, but even though this is the goal, the new adopted procedures lack precision. This, together with the practical reality of the development of these procedures and the times foreseen for the suspension —one month or three months depending on the type of lessor for whom the social services need to seek a solution— leads to the acknowledgment of the fact that a lack of effectiveness is foreseeable, which will only lead to further delays in a procedure whose purpose is to restore the lessor's possession of his/her property in the event of breach of contract by the tenant, and his/her passivity in delaying the handing over of possession of the real estate property. Previous procedural reforms, such as those introduced in respect of mortgage debtors, to prevent evictions, do not share the same approach. The reform now adopted is intended to avoid the evictions, and also their non suspension, by providing guarantees and means to the tenants with enough time to leave the dwelling or regularize their situation with the lessor. In this paper we analyse the amended sections and the various options that may be considered in their implementation.