Elena Canizares she tested positive for coronavirus, she told her roommates and they asked her to leave the apartment they all share. They wanted the young nursing student to go home to her parents, despite the fact that they are both people at risk to him. Covid-19. Elena Canizares spread the conversation she had with them on WhatsApp and the rest is the history of Twitter (and of televisions, newspapers, radios …). We talk here about the legality or not of spreading that private chat, but Can roommates evict Elena from the house?
“No, they cannot do that. It is absolutely discriminatory and there is no rule that shelters this possibility. Quite the contrary,” he assures Miriam Nasser, lawyer specialized in urban leases and responsible for the legal area of PlusLegal Attorneys. According to the expert, all the measures that have been established in the wake of the pandemic are guarantees for tenants, and much more if they are infected with coronavirus. “In these months we have found many cases of tenants who at the time have to vacate the house, even with a firm judicial resolution, have proven that they had Covid and it has not been possible to comply with that resolution”.
The Strategy for the early detection, surveillance and control of Covid-19established by the Ministry of Health states that “in cases that do not require hospital admission and are handled in the field of primary care, home isolation will be indicated, provided that effective isolation can be guaranteed.”
Inside the home, the document also advises that during the quarantine, the affected person remains “preferably in a single room”and” preferably “with the door closed.” If possible, use your own bathroom, that is, do not share it with any of your friends; wash your hands frequently with soap and water, especially after coughing or sneezing, and keep going out of the room or house to a minimum, and always wear a surgical mask when it is necessary to go out. ”
Elena Caà ± izares herself, according to the messages that she herself spread (and then deleted), proposed these measures to her roommates in the face of their refusal. But even if they refuse, they cannot legally force her to leave the home. Moreover, the companions themselves must remain in it and serve a period of isolation for 10 days if that house is registered as a habitual residence.
Otherwise, the autonomous communities and health authorities could apply the different sanctions that are contemplated for cases like these. As Miriam Nasser explains, cases like that of Elena Caà ± izares have been specific in the months of the pandemic and they have not had to face similar situations.
It is true that during the worst moments of the first wave, many health professionals and other essential occupations chose to leave their usual residences and take refuge in hotels and residences specifically enabled to avoid situations such as Elena Canizares’s or to reduce the risk before their relatives and partners.
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