The fourth attempt ended up being the definitive one. Maricarmen, the 87-year-old woman who had lived in her house on Alcalde Sáinz de Baranda street for 71 years, was finally evicted this Wednesday after the judicial commission and the property rejected the different alternatives proposed by her defense to avoid the eviction. After leaving the home, she had to be transferred by ambulance to the Gregorio Marañón Hospital, as her lawyer, Beatriz Duro, explained to 'ElConstitucional.es'.
The lawyer assures that the morning was marked by strong tension. For more than an hour, the defense tried to negotiate with the judicial commission and with the solicitor representing the property, but, according to Duro, it was not possible to reach any agreement. “Finally, no agreement has been possible because the property absolutely refuses everything,” she maintains. The lawyer states that different possibilities were put on the table, among them postponing the eviction for humanitarian reasons, waiting for the written submission to the court to be resolved, accepting the offer of an individual willing to assume the difference in rent, or granting a margin to find a housing alternative.
None of those avenues prospered. According to the defense's account, the property maintained its refusal during the negotiation and the procedure went ahead. The situation ended with the agents entering the property and Maricarmen leaving in an ambulance. “The police evidently exercised the force they deemed necessary to access the home and an ambulance had to take her away,” explains Duro. The lawyer indicates that, for the moment, she does not know if her client will remain hospitalized or be discharged.
Homeless and without time to collect her belongings
The eviction comes after various mobilizations and several previous attempts to stop it. Maricarmen had been paying 500 euros monthly for her home for decades, while the property intended to raise the rent to 2,650 euros. The lack of agreement led to a fourth eviction attempt that was finally executed this Wednesday.
Duro also denounces that Urbagestión Desarrollo e Inversión SL would not have accepted to grant Maricarmen a period to withdraw her belongings either. “The property has not wanted to give absolutely anything, not even a minimum time to take out her things,” she states. The only alternative offered, according to the lawyer, was to move the belongings to the address indicated by the woman.
The lawyer emphasizes that this situation is not common in an eviction and that her team also tried to negotiate that point. “The normal thing is that they leave you” a period to withdraw the belongings, she maintains. However, she assures that the property rejected any additional margin.
Maricarmen's situation is further aggravated by her state of health. The woman has a recognized disability and, according to her lawyer, suffers from numerous pathologies. Duro highlights the deterioration experienced during the last year: when the conflict began she could walk and manage autonomously, while currently she needs a wheelchair. “The physical and psychological wear and tear she has also experienced derived from this situation is quite evident,” she states.
“Much anger, much sadness, much helplessness”
The eviction has occurred after the National Police cordoned off the surroundings of the property during the morning and removed the tents installed overnight by the Madrid Tenants' Union to try to prevent the eviction. Dozens of people remained in the vicinity while the operation was underway.
For the defense, the operation and the development of the eviction have left a feeling of helplessness. “Well, we have a lot of anger, a lot of sadness, a lot of helplessness because in the end it is a profoundly unjust situation,” says Duro, who believes that public institutions should have sought housing alternatives for the woman.
The lawyer recalls that this was the fourth eviction attempt, although the first in which Maricarmen's defense and supporters gathered physically at the door of the home. The previous ones had been suspended in court for different circumstances. This time, however, the judicial commission went to the property and the procedure ended up being executed. The information published this Wednesday confirms that the commission arrived around 9:30 a.m. and that the defense maintained a negotiation for more than an hour before the eviction was executed.
The judicial battle, moreover, has come to an end. Asked if there is any way to reverse the eviction, Duro is emphatic: “The judicial path is now completely exhausted with the eviction that has been carried out today.”
Now, Maricarmen's immediate future remains in the air. After 71 years in the same home, she has left the residence without yet having a place to move to. Her lawyer assures that the priority now is to know how she evolves after her transfer to the Gregorio Marañón and to find a solution for her housing situation. The defense maintains that during the last weeks different alternatives were considered, including a proposal for a private individual to assume the difference between the 500 euros that Maricarmen paid and the 2,650 euros claimed by the property, but not even that option managed to stop the eviction.
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