Three Evictions in Mallorca Suspended Under the Short-Lived 'Maricarmen Decree'
06 de October de 2026
Three eviction proceedings involving families in Inca and Palma were suspended during the brief period in which Spain's new housing decree was in force, according to Stop Desnonaments Mallorca.
The cases came shortly after Real Decreto-ley 26/2026, informally known as the "Maricarmen decree", entered into force on October 1.
The legislation introduced temporary protections for vulnerable people facing eviction when they had no alternative accommodation. However, the measure was short-lived. Congress rejected the decree on October 2, and its repeal was subsequently published in the Official State Gazette.
Three Cases in Inca and Palma
According to Stop Desnonaments Mallorca spokesman Joan Segura, the first of the three reported suspensions affected a family in Inca.
The family's home had previously been involved in a legal dispute with its developers and builders before eventually becoming the property of Sareb. According to the housing campaigners, the family had sought to negotiate either the purchase or rental of the property but had not reached an agreement.
The family also requested mediation from Inca Mayor Virgilio Moreno in an attempt to find a solution with Sareb.
The second case involved a mother and her two children in Son Gotleu, Palma.
According to Segura, the family had been renting the property and had initially paid seven months of rent. They stopped making payments after discovering that the property was subject to an eviction order linked to a legal claim brought by a previous owner.
The circumstances surrounding the ownership of the property and the possible classification of the current owner as a large landlord were disputed by the housing campaigners.
The third case concerned a couple with two children in Palma, one of whom has a disability.
Activists had already managed to postpone that eviction in July following a mobilisation outside the building. A further suspension was subsequently reported after the new housing legislation came into force.
The details of the individual proceedings were matters for the courts, and the reported suspensions did not resolve the underlying disputes over the properties.
What Was the 'Maricarmen Decree'?
The measure was formally Real Decreto-ley 26/2026, of September 29, approved by the Spanish government and published in the BOE on September 30.
It entered into force on October 1.
Among its provisions was a temporary system for suspending certain eviction proceedings involving people considered vulnerable and without an alternative housing solution. The legislation also introduced other housing measures covering tenants, large property owners and the supply of affordable housing.
The eviction protection was not an automatic cancellation of proceedings.
Individual cases still had to be assessed by the competent judicial authorities, taking into account the circumstances established by the legislation and the specific situation of the people affected.
Why Was It Called the 'Maricarmen Decree'?
The informal name referred to Maricarmen Abascal, an 87-year-old woman whose eviction from her home in Madrid became a major national housing issue in September.
The government subsequently presented the new legislation as an urgent response to housing insecurity and the protection of vulnerable households.
The Law Was Repealed Two Days Later
The legal situation changed almost immediately.
Congress debated the decree on October 2 and rejected it. The Congress resolution ordering publication of its derogation was published in the BOE the same day.
As a result, the temporary eviction protections introduced by Real Decreto-ley 26/2026 are no longer in force.
This distinction is important when looking back at the three Mallorca cases. The suspensions were reported during the period in which the decree was legally effective, but the repeal means the decree cannot now be described as an active protection for tenants.
Another Suspension in Palma
A fourth case was reported shortly afterwards.
On October 2, a judge in Palma suspended the planned eviction of another vulnerable family in the city. The case involved a young person with a recognised 41% disability, according to information provided by Stop Desahucios Mallorca.
The suspension was granted while the decree was still being applied, with the new legislation cited alongside the family's circumstances and other legal arguments.
That case illustrates how quickly the new legislation began being tested in individual proceedings before Congress subsequently repealed it.
What Happens to the Suspended Cases?
A suspension is not the same as permanently cancelling an eviction or resolving the dispute over a property.
The three cases reported in Inca and Palma therefore remain separate legal matters, and their future depends on the circumstances of each proceeding and the applicable law following the repeal of the decree.
Stop Desnonaments Mallorca also warned at the time that other eviction proceedings remained scheduled during October.
A Brief Chapter in Spain's Housing Debate
The events in Mallorca demonstrate how quickly national housing legislation can affect individual court proceedings.
The new decree entered into force on October 1 and was cited in several eviction suspensions within days. By October 2, however, Congress had rejected the legislation and its repeal was formally published.
For the families whose proceedings were postponed during those two days, the suspensions became part of their ongoing legal cases. For the wider housing debate, the episode highlighted the continuing political dispute over how Spain should protect vulnerable households facing the loss of their homes.
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