The 'Maricarmen decree' stops another eviction in Palma of a family with a young person with a disability

PalmaThe ‘Maricarmen decree’ has already served as a legal basis to suspend at least four evictions in Mallorca in just a few days. The latest one was stopped this Friday morning in Palma, where the eviction of a family in a situation of social and economic vulnerability living at 44 Bisbe Cabanelles street, in the Pere Garau neighborhood, was scheduled.

The eviction was set for 10 a.m. and Acampada Palma, with the support of the Balearic Housing Coordinator and Stop Evictions Mallorca, had called for a gathering in front of the property at 9:30 a.m. to try to stop it. In parallel, the defense had judicially requested the urgent suspension of the procedure in application of Royal Decree-Law 26/2026, of September 29, on measures regarding affordable housing. Finally, the eviction has been suspended.

According to the spokesperson for Stop Evictions Mallorca, Joan Segura, with this case there are already at least four procedures that have been postponed this week in Inca and Palma following the entry into force of the new regulations, although other legal arguments have also been raised in the different procedures.

A young man with a 41% disability

In the case of Bisbe Cabanelles, a dependent young person with a 41% recognized disability lives in the home. According to the organizations that have accompanied the family, he is currently suffering from a health crisis and a decompensation that they attribute to the stress caused by the imminent threat of losing their home.

The mother, who is the head of the family, has recently returned to work after a prolonged medical leave due to a work-related accident and a surgical procedure. During this period, according to the statement released by Acampada Palma, her income was considerably reduced. The family has also reported difficulties in receiving notifications related to the procedure, as the building allegedly does not have mailboxes or an intercom, a situation they attribute to the property owner.

The request for suspension presented before the judicial bodies of Palma is based on the second transitional provision and article 2.2 of Royal Decree-Law 26/2026. The suspension of deadlines linked to the application for free legal aid and the extension of the vulnerability threshold to four IPREM in certain cases of disability have also been invoked, in accordance with article 441.7 of the Civil Procedure Law.

Three more suspensions between Palma and Inca

This case is in addition to three evictions that, according to Stop Evictions, had already been suspended this week. The first suspension took place on Wednesday and affects a family from Inca. The procedure was related to the home where they reside, which had been involved in litigation with the developers and builders until it finally passed into the hands of Sareb. According to Segura, the entity would not have agreed to negotiate either the purchase of the home or a rental contract with the family.

Those affected have also requested the mediation of the Inca City Council and have asked the mayor, Virgilio Moreno, to intercede with Sareb to try to find a way out of the conflict. The second case involves a mother with two children who lives in a rented apartment in Son Gotleu, in Palma. The eviction was scheduled for this Friday and has also been suspended.

According to Segura, the home currently belongs to an individual who allegedly bought it from an investment fund that had previously acquired it from a banking entity. The family had paid seven months of rent before stopping payments when they became aware that an eviction order was pending against the property following a lawsuit from the previous owner. The spokesperson for Stop Evictions believes that the current owner could be considered a large property holder, as they are engaged in the buying, selling, and renting of real estate. According to Segura, the Balearic Housing Institute (Ibavi) had allegedly not been aware of this situation or had not received this information.

The third suspended procedure involves a couple with two children, one of whom has a disability, also in Palma. Activists had already managed to postpone this eviction in July, when they gathered in front of the building. According to Stop Evictions, the property had been owned by a banking entity and had subsequently passed through various owners until ending up in the hands of an individual, who was collecting rent from the family.

The new regulations, facing the test of the courts

The four cases coincide with the first days of application of Royal Decree-Law 26/2026, approved by the Council of Ministers on September 29th and subsequently published in the BOE.

The new decree establishes specific protection measures for individuals and families in situations of vulnerability and without alternative housing. Its application to specific proceedings, however, corresponds to the judicial bodies, which must analyze the circumstances of each case. The coincidence between the entry into force of the regulation and these suspensions has led housing social entities in Mallorca to consider it a new tool to try to stop evictions of vulnerable families.

Despite the four suspensions achieved this week, Stop Evictions maintains several proceedings on the calendar for the month of October. The next eviction is scheduled for Tuesday and there are others marked for the 13th, 15th, and 19th of October. The entity trusts that the new regulation will also allow for the suspension of these proceedings to be proposed, although each case will have to be examined and resolved by the corresponding court.