SUMMARY OF THE ARTICLE
1.- A decree in force, pending ratification.
Royal Decree-Law 29/2026 has been published in the Official State Gazette (BOE) and has been in force since 8 October. The Permanent Deputation has 30 days to ratify it. Until then, its provisions are mandatory for tenants and landlords.
2.- Suspension of evictions until 2030.
Evictions of vulnerable people without alternative housing are expected to be suspended until 31 December 2030. The conditions vary depending on the claimant. In case of unpaid rent, the authorities have two months to offer alternative housing or pay the debt.
3.- Rental contracts and other measures.
Many further changes have come into force. An extraordinary extension of up to 2 years is foreseen. Also, a 2% cap on rent updates and new requirements for seasonal rentals. In addition, there are tax measures and measures on speculative purchases. Room rentals and tenant expenses are also regulated.
The last few weeks have amounted to a genuine legislative back-and-forth on housing. Rules that are approved and then repealed. Contradictory information in the media. And, amid all this confusion, landlords and tenants who are left wondering where they stand. In this week’s article we explain the main changes introduced by the new eviction law approved in Spain.
Royal Decree-Law 29/2026. Urgent housing measures.
The new housing decree introduces important changes to the regulation of rentals and evictions. Published in the BOE (Spain’s Official State Gazette) on 7 October, it has already come into force and applies from now on. However, its validity remains subject to ratification by the Permanent Deputation within the statutory period of 30 days. While ratification is pending, the approved measures have full legal effect. And they affect landlords and tenants alike.
Evictions. Possible suspension until 2030 for vulnerable people.
For the time being, the new eviction law suspends the eviction of vulnerable people without alternative housing until 31 December 2030. In cases of unpaid rent, the public authorities will have two months to offer alternative housing or to pay the landlord what is claimed. If they fail to do so, they will be subrogated as debtor. In those cases, and for as long as the vulnerability persists, the eviction (lanzamiento) will not proceed (that is, the physical removal of the occupants).
Rental contracts. Extension.
From now on, an extraordinary extension is foreseen for main-residence contracts whose mandatory term ends before 31 December 2028. Tenants may request it year by year and for up to 2 years, provided they are up to date with payments for the previous 8 months. There is, however, one exception. The extension would not apply if the landlord needs the property for themselves or their close family. The landlord must notify the tenant accordingly, in line with Article 9.3 of the Urban Leasehold Law (LAU). In principle, the fact that this clause is not included in the contract is not an obstacle to its application.
Rent updates and seasonal rentals.
Until 31 December 2027, extraordinary limits apply to rent updates on main-residence contracts. If the rent already exceeds the maximum limit under the State reference price index system, it cannot be increased. In other cases, the parties may agree an update above 2%. If they do not reach a new agreement, the increase cannot exceed that percentage. There are also some changes in seasonal rentals, that we will address in a separate article.
Other changes.
The decree includes many other novelties. A limit is placed on speculative purchases of housing. Passing property management and contract formalisation costs on to the tenant is prohibited. The total of rents in room rentals is capped. Municipalities may be allowed to impose IBI (property tax) surcharges on tourist homes. There are new personal income tax (IRPF) incentives, and more.
Conclusion.
The changes introduced by the new housing decree are far broader than a short article like this can detail. Moreover, how they apply depends largely on the specific circumstances of each case. The type of contract, the date it was signed, the agreed conditions or the circumstances of the parties may be decisive. At White-Baos Lawyers we are experts in real estate and rental law. If you have doubts about how the new eviction law affects you, and would like us to study your case, do not hesitate to contact us.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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