87-year-old woman evicted from Madrid home after 70 years despite mass protests and offer to pay her rent

Maricarmen Abascal, who has a recognised disability of 50% and uses a wheelchair, was carried out of her apartment on a stretcher on Wednesday morning and taken by ambulance to Madrid’s Gregorio Marañón Hospital.

Her eviction followed a lengthy legal dispute with Urbagestión Desarrollo e Inversión, also known as Urbagesa, the property investment company that acquired her building in 2018.

The company had sought to end her longstanding rent-controlled tenancy and demanded a new monthly rent of €2,650, compared with the approximately €500 she had been paying. The proposed amount was considerably higher than her monthly pension of around €1,400.

Wednesday’s eviction was the fourth attempt to remove her from the apartment, situated at number 46 Calle Alcalde Sáinz de Baranda, close to Madrid’s Retiro Park.

The operation involved a substantial police presence, with officers removing protesters who had gathered outside the building and others who had positioned themselves inside to prevent the eviction.

As emergency medical personnel brought Maricarmen out of the building on a stretcher (main image), hundreds of supporters shouted, ‘Maricarmen, you’re not alone.’

Her case has attracted considerable attention across Spain, reigniting arguments over housing affordability, the activities of property investment companies and the protection available to elderly and vulnerable tenants.

Hundreds gather in attempt to prevent eviction

The operation followed an overnight demonstration organised by the Madrid Tenants’ Union (Sindicato de Inquilinas de Madrid).

Hundreds of neighbours, housing campaigners and other supporters began gathering outside Maricarmen’s apartment on Tuesday afternoon, with many camping overnight in an attempt to prevent the eviction scheduled for Wednesday morning.

Several prominent Spanish actors and musicians joined the demonstration, including Juan Diego Botto, Carlos Bardem, Sergio Peris-Mencheta and singer Marwan.

Singer and actress Ana Belén also attended, reciting a poem by Rafael Alberti and performing an adapted version of her well-known song La Puerta de Alcalá in support of Maricarmen.

The elderly woman, who lives on the sixth floor of a building with a lift that was reportedly not working, was helped downstairs in her wheelchair by supporters to address the gathering.

Visibly emotional, she thanked those who had come to support her and urged others facing housing difficulties to defend their rights.

‘Fight, don’t stay at home, fight for your housing, because we have the right to live,’ she told the crowd.

She also criticised the contrast between expensive property developments and the difficulties faced by ordinary residents, declaring that people did not want luxury penthouses but apartments they could afford to live in.

The demonstration continued into Wednesday morning, when National Police officers began clearing tents and establishing a security perimeter around the building shortly after 7am.

Tensions increased as riot police moved protesters away from the entrance. Activists accused officers of using excessive force, while the Madrid Tenants’ Union alleged that police had used gas against demonstrators.

Police subsequently removed protesters who were resisting passively inside the entrance and stairwell. Officers were required to force their way into parts of the building after finding access obstructed.

The judicial delegation responsible for carrying out the eviction arrived during the morning, with the operation continuing despite efforts to negotiate a last-minute agreement.

Inside the apartment, Maricarmen was accompanied by relatives and housing campaigners.

Eventually, those remaining inside were removed, and emergency medical personnel evacuated her on a stretcher because of her mobility difficulties.

She was subsequently transferred to Gregorio Marañón Hospital.

A rental agreement dating back to 1956

The dispute originated in a tenancy agreement signed by Maricarmen’s father in 1956, when she moved into the apartment with her parents.

The contract was established under Spain’s former rent-control arrangements, commonly known as renta antigua, which offered tenants considerably greater security and more favourable rental conditions than many modern agreements.

Such contracts generally provided for annual rent adjustments linked to inflation, with certain additional property-related expenses payable by tenants.

They also permitted tenancy rights to pass to qualifying family members following the death of the original tenant, subject to the applicable legal restrictions.

After her father’s death, the tenancy passed to Maricarmen’s mother. When her mother died in 2005, Maricarmen continued living in the apartment under the existing arrangements.

For approximately two decades, she paid around €500 a month, with no reported history of missed payments.

However, the building changed ownership in 2018 when it was acquired by Urbagestión Desarrollo e Inversión.

The company subsequently challenged her right to continue occupying the property under the original agreement.

The dispute centred on restrictions introduced by Spain’s 1994 Urban Leases Law, which limited the circumstances in which older rental contracts could be transferred to successive generations.

Under the relevant provisions, special protection applies to certain tenants with a recognised disability of at least 65%.

Maricarmen’s recognised disability is 50%, placing her below that threshold.

Although she initially obtained a favourable ruling in the lower courts, subsequent judicial proceedings resulted in a final decision allowing the property owner to recover possession of the apartment.

The company sought a monthly rent of €2,650, more than five times the amount Maricarmen had been paying and substantially beyond her pension income.

Housing campaigners have described the company as a fondo buitre, or vulture fund, a term commonly used in Spain for investment businesses accused of purchasing property or distressed assets to maximise financial returns.

Last-minute offer to cover the rent rejected

One of the most controversial developments emerged shortly before Wednesday’s eviction, when a well-known Spanish writer offered to finance the difference between Maricarmen’s existing rent and the amount demanded by the property company.

The writer, who has requested anonymity, contacted the Madrid Tenants’ Union after learning about the case.

Under the proposed arrangement, Maricarmen would have continued paying approximately €500 a month, while the benefactor would have contributed the remaining €2,150.

The offer was intended to remain in place for the rest of Maricarmen’s life, allowing her to remain in the apartment without requiring the company to accept a lower monthly payment.

However, according to her lawyer, Beatriz Duro, the company rejected the proposal.

Duro explained that negotiations continued during Wednesday morning, with several alternatives presented to the property owner and the judicial authorities.

These included a request to suspend the eviction on humanitarian grounds, consideration of a legal submission already presented to the court and additional time for public authorities to arrange suitable accommodation.

The legal team also requested a postponement of between two weeks and one month to allow Maricarmen to leave under less distressing circumstances.

According to Duro, the company refused these proposals.

The lawyer further alleged that the property owner would not even grant Maricarmen additional time to collect her personal belongings, instead indicating that the remaining possessions could be sent to an address of her choosing.

The property company’s reported rejection of the anonymous benefactor’s offer has become a central element of the controversy.

While the final judicial decision permitted the company to recover possession, campaigners argue that accepting the proposed payments could have allowed Maricarmen to remain in her home.

The company’s own explanation for rejecting the offer has not been independently established.

Concerns over Maricarmen’s accommodation

Following the eviction, Madrid City Council confirmed that it had offered Maricarmen emergency accommodation in a residential care facility.

However, she rejected the proposed placement, expressing a preference for staying with relatives.

Her supporters have previously questioned whether the accommodation offered by public authorities was appropriate for her personal circumstances and financial situation.

The Madrid Tenants’ Union has maintained that no satisfactory long-term housing solution had been secured before the eviction was carried out.

The organisation has also criticised the failure of the various public administrations to resolve a situation that has been developing for several years.

Maricarmen’s immediate circumstances following her transfer to hospital remain uncertain, with no confirmed permanent accommodation arrangement announced at the time of writing.

Political controversy over housing protections

The eviction has also intensified political disagreements over housing legislation and the responsibilities of Spain’s national, regional and municipal governments.

Spain’s Housing Minister, Isabel Rodríguez, called for intervention by Madrid’s regional president, Isabel Díaz Ayuso, and the capital’s mayor, José Luis Martínez-Almeida. ALSO READ: Opposition steps up pressure on Ayuso government over €6.3 million penthouse purchase.

The national government has argued that existing housing protections need to be strengthened and has criticised opposition parties for blocking previous legislative initiatives intended to prevent certain evictions.

During Wednesday’s parliamentary proceedings, the socialist-led government pointed to previous votes by the right-wing opposition People’s Party (PP) and far-right Vox group against proposed measures.

Social Rights Minister Pablo Bustinduy also condemned the eviction and called for urgent progress on legislation offering greater protection to vulnerable tenants.

However, the Madrid Tenants’ Union has directed criticism at both the national government and Madrid’s regional authorities.

Its spokesperson, Alicia del Río, questioned why the central government had not advanced a housing decree intended to strengthen protections for tenants.

She also criticised the regional government for failing, in the union’s view, to provide Maricarmen with an adequate alternative.

The national government’s delegation in Madrid, which oversees the National Police in the region, maintained that officers were executing a judicial order.

The controversy has consequently extended beyond the individual eviction to encompass disagreements over existing legislation, the availability of emergency accommodation and which authorities should intervene when vulnerable residents face losing their homes.  

A case that has become a symbol of Spain’s housing crisis

For housing campaigners, Maricarmen’s eviction represents a wider problem affecting residents of Spanish cities where rising property values and rental costs have placed increasing pressure on longstanding tenants. ALSO READ: Spanish government delays major housing decree until autumn amid political deadlock.

The case has drawn particular attention because of her age, disability and the length of time she had occupied the property.

Her supporters argue that the legal framework governing older rental agreements offers insufficient protection in circumstances where tenants have limited incomes and few realistic alternatives.

The dispute also illustrates the differences between the legal rights of property owners and the social protections available to vulnerable residents. ALSO READ: Spain to impose tougher rental regulations, including caps on room rents and limits on seasonal lets.

Although the courts ultimately permitted the recovery of the apartment, the unsuccessful attempts to negotiate an agreement have generated further controversy, particularly following the offer to finance Maricarmen’s rent for the remainder of her life. ALSO READ: Spain to spend €1.3 billion on ‘industrial construction of social housing’.

The Madrid Tenants’ Union has announced further demonstrations in response to the eviction.

For Maricarmen, however, Wednesday marked the end of a 71-year connection with the apartment where she had lived since childhood.

Her immediate future now depends on her health following the eviction and the accommodation arrangements that can be made for her. ALSO READ: Spanish government to limit short-term rentals and tourist flats to address housing crisis.