Who Is Maricarmen? The privileged elderly woman the Spanish socialist government is using to (further) intervene in the housing market

María del Carmen Abascal, known as "Maricarmen," is 87 years old and had been living in the same apartment in Madrid's Retiro district for 71 years. On Sept. 23, a fourth eviction attempt was carried out against her, following three postponements. The case stems from a lease signed in 1956, which was transferred from her father to her mother and subsequently to her through two subrogations.

The eviction took place after years of litigation between Maricarmen and the company Urbagestión Desarrollo e Inversión SL, the property's owner. The court-appointed officials carried out the eviction on Sept. 23, while left-wing activists gathered in front of the building to try to prevent it. Maricarmen was carried out of the building on a stretcher and taken to a hospital.

It was the fourth eviction attempt. The first took place in October 2025. The second was scheduled for June 3, 2026, and was postponed. A third eviction, initially set for June, was also suspended. Finally, the court set Sept. 23 as the new date.

A lease signed in 1956

The story begins long before Urbagestión acquired the apartment. On Sept. 3, 1956, Maricarmen's father signed the lease for the apartment. It was one of the so-called "old-style" leases, a form of rental agreement dating back to the era of the right-wing dictator Francisco Franco that significantly restricted landlords' freedom of action—in fact, the rents they could charge tenants were capped. Paradoxically, this rental system was modified on several occasions by socialist governments during the democratic era (which began in 1978), which eased the burdens placed on homeowners.

Maricarmen's father died in 1960, and the lease was transferred to her mother through an initial subrogation. When her mother died, in 2005, Maricarmen became the second subrogated party to the lease. That second change in tenancy is the origin of the dispute that eventually reached the courts.

In 1985, the socialist government of Felipe González approved Royal Decree-Law 2/1985, known as the Boyer Decree, which eliminated the mandatory extension for new contracts. The regulation itself established that leases entered into before its entry into force would continue to be subject to the previous regime.

The next significant change came with the Urban Lease Law of 1994. Its second transitional provision established limits on the subrogation of old lease agreements. The law provides, among other cases, specific conditions for children taking over a lease and establishes that, in certain cases, the lease would terminate after two years. It also provides for an exception related to a disability of 65% or more, and another, during the first 10 years of the law's validity, for descendants over 65 years of age or certain benefit recipients.

In Maricarmen's case, the courts ruled that her second subrogation could not be maintained for life. Her recognized disability is 50%, which is less than the 65% threshold set by the law, and the second subrogation took place in 2005, after the first 10 years following the law's entry into force had elapsed. The Provincial Court of Madrid declared the contract terminated due to the expiration of the term.

Eight years of litigation

The legal dispute began after Urbagestión acquired the property in 2018. The company argued that the second subrogation, which took place after the mother's death, could not be maintained indefinitely and demanded the return of the property. The case went through various levels of the court system.

In the first instance, Maricarmen obtained a favorable ruling. Subsequently, the Provincial Court of Madrid overturned that decision and declared the lease terminated. The case ultimately reached the Supreme Court, which ruled in favor of the landlord.

The issue that reached the courts was not related to nonpayment of rent, but rather to the validity of the lease and the effects of the second subrogation.

During the years the dispute lasted, Maricarmen paid between 450 and 500 euros ($511-$567) per month in rent, an amount far lower than what is currently charged for similar homes in that area; in fact, it is a amount similar to what is paid for a single room even in much less desirable areas of the Spanish capital.

According to information gathered by online newspaper Libertad Digital, The apartment is 990 square feet and has three bedrooms, as well as a living room, kitchen, bathroom and a utility room. Both in terms of square footage and number of rooms, this is a home that is above the Madrid average: according to the latest data available, the average home in this city has 2.6 bedrooms and 893 square feet.

A search for homes with similar characteristics in the area, one of the most sought-after in the Spanish capital, very close to Retiro Park (Madrid's Central Park), shows rents considerably higher than what the elderly woman was paying. Thus, on the same street, there are properties priced at 2,950 ($3,350), 1,700 ($1,930) and 3,510 ($3,985) euros per month.

Dispute over new rent

Urbagestión proposed a new rent of 1,650 euros ($1,873) per month, an amount that, despite the increase, remained well below the average rental price in the area. There was also a proposal for Ms. Abascal to purchase the apartment. None of these alternatives prevented the eviction on Sept. 23.

The company has argued that it did not intend to maintain the old rent because it considered the lease terminated and that it acted in accordance with court rulings.