The Civil Section of the Torrevieja Court of First Instance has provisionally suspended the eviction of a vulnerable elderly person scheduled to leave their home on November 16th. This decision followed a fresh request from the defence and aligns with Royal Decree-Law 29/2026, approved by the Government on October 6th and widely referred to as the Maricarmen Decree.
The resolution applies the second transitional provision of this regulation. This allows ongoing execution-phase procedures to benefit from the new framework, provided the eviction has not yet occurred. The provision also states that the affected individual may request its application even if a vulnerability incident was previously resolved or if the maximum suspension period under the Civil Procedure Law has already run out.
The plaintiffs consist of a couple with three children who are owed more than 10,000€ by the tenant. They are seeking to reclaim their property after three years to rely on that monthly income once again.
The case involves a person whose vulnerable status was certified months prior by Torrevieja Social Services. A municipal report outlines the individual as an elderly person with limited, recent income, reduced mobility, and a lack of social or family support. The property is situated on La Loma Street. Municipal technicians also highlighted that the tenant lacked the financial and personal resources required for basic needs, prompting Social Services to work on securing housing or a space in a senior citizens’ residence.
The legal proceedings began with an eviction lawsuit for non-payment filed in October 2025. At that stage, the financial claim stood at 9,434€, and the disputed property served as the tenant’s habitual residence. The lawsuit was admitted on November 28, 2025, with proceedings briefly suspended in February 2026 before being lifted to allow the eviction process to move forward on April 15th.
At the end of May, the defence team—led by lawyer José Luis Bernabé—stepped in to request a stay of execution. They highlighted the personal, family, and financial circumstances of the individual and called for social services intervention. A subsequent municipal report confirmed the vulnerable situation, leading to a separate case determining whether a temporary halt was justified.
The court initially agreed to a two-month suspension based on the Civil Procedure Law to allow authorities time to find a housing solution, which automatically expired after the period elapsed. The eviction then resumed, and on October 14th, the court scheduled a new date for November 16th at 11:30 a.m. However, Royal Decree-Law 29/2026 came into effect on October 6, enabling the defence to request another suspension, which the court has now granted.
Meanwhile, the plaintiffs represent a family with three minor children who argue they desperately need to recover their home and rental income. Their lawyer notes that the uncollected debt exceeds 10,000€ and that the tenant has had three years to find alternative accommodation without success.
