• Profile.Elena Cañizares, the nurse with Covid-19 whom her roommates want to throw out

  • Covid-19. The lawyers warn Elena Cañizares: "It is not legal" to publish the audios of her roommates

Elena Cañizares

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 both are people at risk from



Elena Cañizares spread the conversation she had with them on WhatsApp and the rest is the history of Twitter (and of televisions, newspapers, radios ...).

We speak here about the legality or not of spreading that private chat, but

can the roommates kick Elena out of the house?

"No, they cannot do that. It is absolutely discriminatory and there is no rule that supports this possibility. Quite the contrary," says

Miriam Nasser, a

lawyer specializing in urban leases and head of the legal area at

PlusLegal Abogados


As the expert explains, all the measures that have been implemented as a result 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."


Covid-19 Early Detection, Surveillance and Control Strategy

established by the Ministry of Health states that "in cases that do not require hospital admission and are handled in the primary care setting, home isolation will be indicated, provided that the effective isolation ".

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 associates; wash your hands frequently with soap and water, especially after coughing or sneezing, and restrict exits from the room or from home and always wear a surgical mask when you need to go out. "

Elena Cañizares herself, according to the messages that she herself spread (and later 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.

Furthermore, 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 the health authorities could

apply the different sanctions

that are contemplated for cases like these.

As Miriam Nasser explains, cases like Elena Cañizares' have been occasional 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 like Elena Cañizares's or to reduce the risk of their relatives and partners.

According to the criteria of The Trust Project

Know more

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