Iryna Palyanytsya only breaks her voice once before one of her most painful memories. This woman, born 39 years ago in Ternopil (eastern Ukraine), hastily recounts the process for which she was evicted together with his partner and four children. Sitting on a bench in front of the apartment from which she was expelled, in the Orcasitas neighborhood of Madrid, she tells how her partner lost her job, how she looked for more houses to clean up, how the couple stopped being married, but still lived, how they asked for food and In short, how the accounts did not give them. When it reaches the past December 13, it stops. "I can not remember this day," he apologizes. After drying her tears, she encourages herself to continue: "I stayed outside while a locksmith changed the lock, I did not know where to go and they took me to a shelter".
Palyanytsya never dreamed of owning property. He never mortgaged before things went wrong. No one can accuse her of being carried away by brick fever or living beyond her means. its error was to leave the room of a shared apartment to go to a whole with his partner, a son of this, a daughter in common and a daughter that she had in Ukraine and came to Spain. In addition, she became pregnant. "We already needed a floor," he summarizes as justifying himself. They moved in March 2016 to a rent of 600 euros plus expenses. 21 months later they went to swell the list of evicted in Spain. They did it in the most common epigraph: Releases practiced derived from the LAU (Urban lease law). This is how it appears in judicial statistics.
The evictions for rent for years that exceed the derivatives for mortgage defaults (see attached table) and each time more are separated. According to the latest data, the launches of tenants accounted for 185% of those from mortgages. The proportion, almost double, had never been so high. "Most of them are due to non-payment of rent", explains Aner Uriarte, dean of the Bilbao judges. His colleague Pedro Viguer, dean of the judges of Valencia, delves into the causes: "When the rent becomes more expensive, as we see in the media, many families they may have problems. But the LAU also establishes very short deadlines, so the contract is renewed a lot. "
The diagnosis, broadly speaking, is shared by associations. Paco Morote, spokesman of the PAH, affects the reform of the LAU that the Government of Mariano Rajoy made in 2013 to reduce the duration of contracts to three years. Natalia Palomar, lawyer of Provivienda, also points to a modification of the rules of prosecution that was approved by the last Council of Ministers of José Luis Rodríguez Zapatero, in October 2011. Since then, a tenant can be evicted without even holding a trial. This means for Morote that "the recognition of the right has not reached the tenancy and deprives them of protection due to non-payment or due to the expiration of the contract". More technical, the lawyer illustrates that "it is pure and hard private law, the right of consumers and users does not apply". "As is the law, there is nothing to do," laments Palomar.
"Suspending a launch is more complicated in the lease situation because we have two equal parts," Judge Viguer admits. In the event of mortgage defaults, he explains, "there are abusive clauses or the possibility of agreeing on a social rent". Many banks have preferred to go to ordinary procedures and therefore do not appear in the statistics. But when a tenant does not pay, the process is fast because "it is a detriment also to the landlord, who has the right to charge." The magistrates, recalls the dean of Valencia, have asked on several occasions "to have social assistance offices at least in large judicial buildings".
The pact is now the only possibility of the tenant. Palyanytsya, with the police already at the door, managed three more weeks to get organized. Rosa María Padrón got 60 days. He had a one month old baby when his trial was held. When telling what happened to her, this 45-year-old woman does not cry out against any fund or great owner. What he says is a bad spell. It also begins with the loss of employment of her husband. His only son is now five years old. It was "a miracle" that forced the family economy to focus on a risky pregnancy. They lived on less than 400 euros per month, a pension that she charges for a depression that has lasted more than two decades. On the phone, she recounts everything that has happened to the floor, in a rent mediated by Provivienda, where they live in Santa Cruz de Tenerife. They came to be "literally three days under a bridge", but the narrative only breaks when remembering a moment: "It only hurt me that I had to leave the child's crib, I had to leave many little things of him".