Maricarmen Abascal Eviction Agreement Reached for Madrid

An agreement was reached on Monday following a four-hour meeting at EMVS headquarters to prevent the eviction of an 87-year-old tenant. Maricarmen Abascal was evicted five days before the agreement. The meeting began at 5:00 p.m. At the Madrid City Council's Municipal Housing and Land Company (EMVS Madrid) headquarters in the Arganzuela district. Ana de Miguel, CEO of the city's housing company, confirmed the agreement. It was facilitated through the Rental Mediation Service coordinated by the municipal housing agency. Maricarmen’s lawyer, Beatriz Duro, met with Urbagestión for several hours. Family members and the Tenants’ Union also participated. The Madrid City Council offered to mediate after the rejection of a previous proposal, leading to Monday's meeting. The agreement reached still has to be approved by Maricarmen Abascal, who was unable to take part due to her condition.

Background of a seven-decade tenancy

Maricarmen Abascal had lived in her Retiro apartment for over 70 years, initially rented by her father in 1956, under a protected rent regime. Her pension is about €1,400 per month. She has never failed to pay rent or bills, which total around €500 per month. Her rent is based on an old rate. Maricarmen Abascal is elderly and disabled. She continued as tenant after her parents died. There was a cap on the rent during her tenancy.

Landlord’s actions and rejected proposals

Urbagestión, which bought the apartment in 2018 for a price described as ridiculously low for the area due to the sitting tenant, had raised rent sharply and previously refused government and private offers to resolve the situation. The company increased the rent from €500 per month to €2,650 per month, later offering to reduce it to €1,650. Maricarmen was unable to pay the reduced rent with her pension. Since 2020, Urbagestión had not accepted proposals from government, private individuals, or cultural figures to pay the rent difference or buy the apartment. Three previous attempts to evict her were blocked by the courts.

On Friday, Urbagestión proposed transferring the apartment to EMVS so it could be rented to Maricarmen at an affordable price via the Reviva plan. EMVS rejected the proposal because the apartment does not meet its requirements, one of which is that properties must be free of encumbrances. The apartment has a mortgage. A spokesperson for EMVS explained the issue, and Urbagestión stated in a press release that they could not cancel the mortgage financially or for property registration. The Reviva plan operates through an allocation system with a pre-established order and a waiting list. Maricarmen’s attorney said, "This is the first time in six years that the property owner has sat down to negotiate and is willing to do so."

Terms and implications of the agreement

The agreement, mediated via the Rental Mediation Service, would allow Maricarmen to stay at an affordable rent, though it still requires her approval and does not erase the mortgage barrier. Beatriz Duro said there had been 'goodwill from both parties' and that Abascal would pay a similar amount of rent under a new contract, averting a significant price hike. The Rental Mediation Service offers free rent default insurance and home insurance to landlords. Tenants using the service will not pay more than 40% of their net income for housing.

The Tenants’ Union requested to be present during negotiations and warned that the protest camp at Puerta del Sol will continue. The union said, "This goes beyond that." Maricarmen Abascal was forcibly removed from her apartment on a stretcher on 23 September and was admitted to hospital after the eviction. The agreement reached still has to be approved by Maricarmen Abascal.