Correction: Our Spain articles of 2 and 3 October described Royal Decree-laws 26/2026 and 27/2026. Congress revoked both on 2 October. This article covers the rules that replaced them.

Anyone following Spanish housing law this autumn has had a hard fortnight. Within about a week, one set of rental rules took effect, was revoked, and was replaced by a slightly different set. Here is the order of events, followed by what applies to you now as a landlord or tenant in Spain, including if you live in Budapest, Prague or Kraków and let out a flat in Alicante.

The timeline

  • 30 September – 2 October: RDL 26/2026 came into force on 1 October and RDL 27/2026 on 2 October.
  • 2 October: Congress voted against validating either decree, 172–178 and 166–184. Both were revoked and the revocation was published in the BOE the same day (Iberley).
  • 5 October: The government dissolved parliament and called a general election for 29 November (Infobae).
  • 7 October: The cabinet approved two new decree-laws, RDL 28/2026 and RDL 29/2026, on 6 October, and the BOE published them on 7 October (BOE PDF).
  • 8 October: RDL 29/2026 came into force.
  • 15 November: RDL 28/2026 comes into force.

Whatever happened while the revoked decrees were in force still counts. According to the consumer organisation OCU, a rent update made on 1 October under the old 2% cap stands as it was made.

RDL 29/2026: in force since 8 October

For most people this is the decree that matters now. Its main rental measures are:

  • A 2% cap on rent updates until 31 December 2027. If your contract's annual review falls in this period, the increase generally cannot exceed 2%. Law firm commentary notes that some conditions and exceptions apply, so check how the cap fits your contract before you send a review letter (Ilex Tax & Legal).
  • Seasonal and temporary lets need a real cause that can be proved. The tenant has to be living away from home for work, study, health or a similar reason. The let must last longer than 31 days and generally no more than 12 months, and the landlord has to prove the cause. Back-to-back contracts, or staying past the limit, can turn the let into an ordinary residential tenancy with full tenant protection.
  • Room lets fall under the Urban Leases Act (LAU). The rent for all the rooms together cannot be more than the rent for the whole flat.
  • Limits on guarantees and costs. Additional guarantees on top of the legal deposit are limited to two months' rent. The tenant cannot be required to take out insurance. Agency, formalisation and renewal costs fall on the landlord, and IBI (property tax) cannot be passed on to the tenant.
  • An extraordinary extension of up to two years. For contracts ending before 31 December 2028, a tenant who is up to date with the rent can ask to extend year by year for up to two years. The landlord can refuse only in specific cases, such as needing the home for themselves or their family, or where the parties agree a new contract.

The decree also brings in tax measures. One example is 10% VAT on stays of up to 30 nights from 1 December 2026 (Agencia Tributaria).

RDL 28/2026: from 15 November

This decree rewrites the renewal rules in Article 10 of the LAU for primary residences:

  • After the minimum term, a contract that neither side ends renews for five years, or seven years if the landlord is a company. The cycle then repeats.
  • A landlord who does not want to renew must give six months' notice, up from four. A tenant still needs to give two months.
  • A landlord who does not renew must pay compensation. It is the higher of twelve months' rent at the upper value of the state rental price index, or one month's rent for each year the tenant has lived there. It is paid when the keys are handed back.
  • No compensation is due in certain cases. These include the landlord needing the home for themselves or their family, the tenant being away for more than six months a year without a good reason, the tenant owning another home in the same area, or a new contract being agreed.

Notices of non-renewal sent before 7 October remain valid and do not trigger compensation. Notices sent on or after that date are covered by the new rules.

Not settled yet

Decree-laws must be validated within 30 days. Parliament is dissolved, so the vote falls to Congress's Permanent Deputation. elDiario.es reports that supporters of the decrees have a narrow majority there, 35 to 34. The opposition disputes the procedure, and the 29 November election could change the picture again. If validation fails, the earlier law applies again from that point. What was done in the meantime generally stands.

Your to-do list

  1. Rent review due before the end of 2027? Work it out under the 2% cap, and keep the calculation.
  2. Signing or renewing a seasonal let? Write down the tenant's reason and keep proof of it, such as a work contract or enrolment certificate.
  3. Letting rooms? Add up the room rents and compare the total with a realistic rent for the whole flat.
  4. Check your costs and guarantees. Remove extra insurance requirements and any guarantee above the two-month limit from new contracts.
  5. Planning not to renew? Plan for six months' notice and possible compensation after 15 November.
  6. Tenant with a contract ending soon? Ask about the extraordinary extension in writing.
  7. Keep everything in writing, with dates. The rules may change again after the vote.

If you let out a flat in Spain from abroad, it helps to keep the contract, review letters and messages with your tenant together in one place, for example in LeasingTrack, so you can show what was agreed and when.

Please treat this as a general overview, not legal advice. The texts are new and their validation is still pending. Before you act on a review, a seasonal contract or a non-renewal, check your situation with a Spanish lawyer (abogado) or gestor.