The Civil Section of the Tribunal de Instancia in Torrevieja has provisionally suspended the eviction of a vulnerable older person whose removal from their home had been scheduled for 16 November.
The decision follows a fresh application by the defence and applies the legal change known as the Maricarmen decree to a case that had already reached the enforcement stage.
Vulnerability confirmed by social services
Municipal social services had established that the tenant had limited income, reduced mobility and no social or family support, alongside difficulties meeting basic needs.
The municipal team was working to find alternative accommodation or a place in residential care for older people.
The suspension is provisional: it does not permanently cancel the proceedings or mean that the tenant has already secured another home.
Proceedings began in 2025
The claim for eviction over unpaid rent was filed in October 2025, initially seeking 9,434 euros, and was admitted for processing on 28 November that year.
The property is the tenant’s main home, and the case had already gone through several stages of suspension and continuation during 2026.
It was suspended in February pending a decision on an application, before a ruling on 15 April allowed it to proceed.
In late May, the defence, led by lawyer José Luis Bernabé, again sought to halt the eviction because of the tenant’s personal, family and financial circumstances.
A further municipal report confirmed the vulnerability, and the court then ordered a suspension of up to two months to allow public authorities to work towards a housing solution.
A new eviction date
Once that period expired, proceedings resumed and, on 14 October, the eviction was set for 16 November at 11.30am.
The defence applied for another suspension under the legal change, which allows the new rules to apply to enforcement proceedings where the eviction has not yet taken place.
The claimants are a couple with three children under 18 who are seeking to recover the property and rental income; their lawyer puts the accumulated debt at more than 10,000 euros.
The renewed suspension does not amount to the debt being written off, nor does it by itself resolve the tenant’s housing needs.
Your city, in your inbox.
Useful news and plans for Torrevieja and the surrounding area. Mondays at 08:00 and Thursdays at 18:00 (Europe/Madrid): two emails a week. In English, free and without the noise.
Your choice. Confirm your email and unsubscribe at any time.
