by Josep Maria Reichardt The new norm approved by the Parliament to make it compatible with the measures annulled by the Constitutional Court in 2019 that protected vulnerable people, is full of shadows in terms of its effectiveness. According to different jurists, non-payments in rent and express eviction in the new document do not have sufficient mechanisms to be applied satisfactorily. The political parties that support this new Law, which are, in addition to the coalition parties of the Govern Esquerra Republicana de Catalunya and Junts, the Comunes and the Popular Unitary Candidacies that have given their support and at the last minute have also incorporated the Socialist Party of Catalonia. The controversial PAH (Platform for People Affected by Mortgages) has also given its support, of which Mayor Ada Colau was president.
The political consensus tries to recover the measures that force large property owners to offer a social rental to vulnerable families or at risk of social exclusion, as stated in the Quim Torra decree of 2019.
The new rule on unpaid rent and express eviction redefines the concept of "large holder" which, from now on, considers all legal entities with more than ten properties or natural persons with more than fifteen.
Lawyers specializing in evictions believe that this new regulation suffers from the same problems as the previous one and has Doubts about the law to stop evictions in Catalonia, that is to say that if the judge who has to issue the eviction order interprets that the Catalan norm invades state competences, he may not apply it.
In the event that you have to process a express eviction, it will be necessary to take into account all the considerations of the Law and ensure that all the requirements for its execution are met. This requires the assistance of a law firm specializing in this type of eviction.
