Current status: Royal Decree-Law 29/2026 has been in force since 8 October 2026. Royal Decree-Law 28/2026 has been published, but is scheduled to enter into force on 15 November 2026. Both decree-laws are awaiting parliamentary ratification.

Royal Decree-Laws 29/2026 and 28/2026 introduce important changes to residential renting in Spain. They affect contract extensions, notice periods, possible compensation for tenants, temporary tenancies, room rentals and rent reviews. Their application depends on the date and purpose of the contract, its expiry date and whether the property is in a designated stressed housing market area.

What is already in force, and what changes on 15 November

RDL 29/2026 generally takes effect from 8 October, although its continued validity depends on parliamentary ratification.

For now, the ordinary extension system continues with annual extensions for up to three years after the minimum five-year term, or seven years if the landlord is a legal entity. The general notice period is four months for the landlord and two months for the tenant.

If RDL 28/2026 remains effective and enters into force on 15 November, the new extensions will be for successive periods of five or seven years, and the landlord’s notice period will increase to six months. Anyone already within an annual extension under the previous rules must first complete that annual period.

Extensions are not automatically added together

RDL 29/2026 allows tenants to request an extraordinary extension in annual periods, for up to two years, for certain habitual-residence tenancy agreements in force on 8 October. The tenant must be up to date with rent and must have paid monthly during the previous eight months.

The measure does not in itself require the tenant to be vulnerable or the landlord to be a large property holder. The landlord must accept the request unless the parties agree otherwise, enter into a new contract, there is a genuine and documented need for the dwelling, or they agree to a renewal with rent at least 5% lower.

The extension of up to three years in a stressed housing market area takes precedence. The extraordinary two-year extension also does not replace an ordinary five- or seven-year renewal where that renewal applies.

Example: extension requested by a tenant

A tenant covered by this measure who is up to date with payments may request up to two additional annual periods, even if the landlord owns only one property. If the tenant qualifies for the three-year extension in a stressed housing market area, that extension takes precedence: the two protections are not cumulative.

Non-renewal and compensation under the new rules

From the planned commencement of RDL 28/2026, a landlord’s notice of non-renewal may give rise to compensation. The amounts to compare are twelve months at the upper value of the individualised range under the state reference system and one month at that value for each year the tenant has lived in the property. If no individualised value is available, the current rent is used.

Exceptions include a genuine need for the dwelling by an individual landlord or certain relatives, the tenant having another suitable dwelling in the same municipality, a new tenancy agreement or rejection of a valid offer. The reason must be detailed in writing. Valid notices given before 7 October retain their effect and do not give rise to this compensation.

Example: indicative compensation calculation

With an upper reference value of €1,200 and eight years of residence, the amounts compared would be €14,400 and €9,600. In this illustrative case, the higher amount would apply: €14,400.

Temporary tenancies and room rentals

A temporary tenancy must be based on a justified reason, stated in the agreement and capable of being substantiated by the landlord. It must last more than 31 days and generally no more than twelve months, unless the reason continues and can be substantiated.

Exceeding that period without justification, or entering into more than two consecutive temporary contracts between the same parties for the same property, may trigger the habitual-residence tenancy regime from the first contract. Calling it a “student tenancy” or setting a term of eleven months is not sufficient.

Genuine temporary contracts entered into before 8 October retain their existing regime until the agreed expiry date; any renewal must comply with the new requirements. For room rentals, the combined rent charged simultaneously must not exceed the rent applicable to the whole dwelling.

How rent can now be reviewed

An annual rent review requires an express contractual clause and takes place on the contract anniversary. If the clause does not specify an index or calculation method, the latest published IRAV is used. This index limits the percentage increase; the state reference system determines rent amounts. They are not the same thing.

Between 8 October 2026 and 31 December 2027, rent above the applicable maximum reference amount cannot be increased, but does not have to be automatically reduced either. In other cases, the parties may reach a new agreement; failing that, the increase cannot exceed 2%, always respecting any stricter applicable limit.

Example: annual rent review

With rent of €1,000, a clause linked to a 3% index, a hypothetical IRAV of 1.8%, and no new agreement, the maximum increase would be €18 per month. If the rent already exceeded the applicable maximum reference amount, no increase would be allowed.

Costs, deposits, additional guarantees and repairs

Property management, preparation, execution, amendment and renewal of the contract are costs borne by the landlord; they cannot be passed on to the tenant under another name. The statutory deposit for a residential tenancy remains one month’s rent. An additional guarantee may not exceed two months’ rent for a habitual-residence tenancy of up to five or seven years, or one month for a temporary tenancy. Nor may the tenant be required to pay for the landlord’s rent-default insurance.

A procedure is established for certain necessary repairs. Before offsetting their cost against future rent, the required notice, deadlines and documentary evidence must be complied with.

There are also tax changes

RDL 29/2026 changes landlords’ tax reductions for habitual-residence rentals and introduces a national tax deduction for certain tenants. As the percentages, thresholds and effective dates depend on several conditions, individual assessment is advisable.

Which documents should be reviewed?

Before renewing, reviewing the rent or ending a tenancy, it is advisable to gather the agreement and annexes, relevant dates, notices and proof of receipt, payment records, the reason for any temporary tenancy, the rent history and information on any designation as a stressed housing market area.

Different transitional rules may apply to different cases. NT Gestión Inmobiliaria can review the documentation and provide real estate, legal and Spanish–Finnish translation support so landlords and tenants can make better-informed decisions.

Official sources

  • Royal Decree-Law 29/2026 in the Spanish Official State Gazette (BOE)
  • Royal Decree-Law 28/2026 in the Spanish Official State Gazette (BOE)