Renting in Spain: What the 2026 Decrees Change

At the end of September 2026, Spain published several housing decrees in quick succession, and two of them have already been repealed. This article helps you tell what has been repealed apart from what applies today, spot the rules that affect short-term tenants (seasonal contracts, room rentals), and check your contract. It was written before the outcome of the October 16 validation vote was established by the sources: check the current status of the text before you rely on it.

Which decrees, which status: repealed, in force, or pending

Royal Decree-Law (RDL) 26/2026 entered into force on October 1, 2026. It was later repealed after the Congress of Deputies failed to validate it^[1].

RDL 27/2026, which provided for automatic contract renewal and an indemnity, was published on October 1. The BOE lists October 2 as its date of entry into force and, the same day, as its date of repeal^[2].

The government then approved a new measure, RDL 29/2026, in force since October 8^[1]. Its validation is subject to a vote by the Permanent Deputation of Congress on Friday, October 16^[3].

What happens if the vote fails? According to the press, if the decree is validated, the measures continue to apply as they are; otherwise, the text falls^[3]. Check the current status of RDL 29/2026 in the BOE before relying on these rules.

The repeal of the first two decrees did not remove all protections: Congress's rejection eliminated the reforms those decrees added, but not the Urban Leases Act (LAU) or the right-to-housing law, which continue to govern much of the relationship between landlords and tenants^[2].

Contract extensions: what was published, what has disappeared

For RDL 29/2026, the press describes extensions of up to three years in high-demand areas^[3]. The official text of this decree was not reviewed for this article: consult it in the BOE before drawing any specific right for your contract.

RDL 26/2026, now repealed, provided for an extraordinary extension of up to two years per year, requested by the tenant. It applied to contracts whose extension period ended before December 31, 2028, provided the tenant had been up to date with payments for the previous eight months^[4]. If an article or a landlord cites this rule, check that it is included in the text currently in force.

The indefinite automatic renewal introduced by RDL 27/2026 is no longer part of the applicable regime. The earlier rule applies again: after a minimum term of five or seven years, the contract can continue through annual renewals for up to three years, unless either party terminates it within the legal deadlines^[2].

Indemnity for non-renewal: it is no longer part of the regime in force

RDL 27/2026 provided that a landlord who did not renew without valid reason had to pay an indemnity of at least 12 months' rent, and never less than one month's rent for each year of residence^[4]. It also required six months' notice from the landlord, compared with two months from the tenant^[4].

With this decree repealed, that indemnity is no longer part of the regime in force^[2]. Do not count on it being reinstated by RDL 29/2026 until you have read it in the text published in the BOE.

Woman signing a rental contract at a table with a man, city view through the window

Rent: cap on increases and updates

According to OCU, if the rent is not above the reference limit, the increase requires a new agreement between landlord and tenant; without agreement, it cannot exceed 2% until December 31, 2027^[1].

OCU also notes that the landlord can update the rent only if the contract allows it, and that since October 8, 2026, the IRAV reference index sets the maximum limit for any increase on all housing contracts^[1].

The update is not automatic: the landlord must notify the tenant, and the updated rent is only payable from the month following the notification^[1]. Example: an increase notified in October applies to the November payment; notified in November, it applies to the December payment^[1].

A clause that claims to reserve the right to demand late increases does not allow them to be claimed retroactively^[5].

The Ministry of Housing provides a calculator to find out the maximum increase^[5].

Seasonal and room rentals: what digital nomads need to know

Seasonal contracts, which are common among digital nomads, are governed by RDL 29/2026 according to the press: they cannot exceed 12 months, and their cause must be justified in writing, with the burden of proof resting on the owner^[3].

For room rentals, the price cannot exceed what the entire home would cost if rented as a single unit^[3].

For short-term rentals, a unique registration number is required: without it, the property cannot be listed on online short-term rental platforms^[6].

Digital nomad workspace with laptop, headphones, camera and travel documents on a wooden table.

Pitfalls, scams and points to watch out for

Shifting status: a decree in force can lapse if it is not validated^[3]. Check the date and version of the text before relying on a right: RDL 26/2026 has been repealed^[1].
Outdated listings: RDL 27/2026 was repealed the same day it came into force^[2]. An article, agency or landlord that still mentions the 12-month indemnity or automatic renewal describes a regime that is no longer part of applicable law.
Seasonal contract without a written cause: a real, justified and provable cause for the tenant's temporary need is required. If it is missing, or if contracts follow one another between the same parties for the same home, the contract is treated as a primary residence lease from the moment it is signed. This rule was in RDL 26/2026, which has been repealed^[4]. For the text in force, the press only mentions the 12-month ceiling and the written cause^[3]: check in the BOE whether the reclassification has been retained.
Rent increase without notification: the update is only payable from the month following notification^[1]. Keep these communications.
Registration number: without it, a property cannot be listed on short-term rental platforms^[6]. This number results from a check of several requirements, but it does not exempt you from verifying the community rules: the BOE cites the case of a building whose statutes prohibit accommodation activity and where no number could be assigned^[6].

In practice, do not pay anything before you have signed a contract whose terms you have checked, and seek advice from a consumer association such as the OCU if in doubt.

What to check in your contract and where to find the official texts

The start date, the duration and the nature of the contract (habitual residence or seasonal, with its written cause).
The rent update clause: the contract must provide for it, and the index (CPI or other) cannot exceed the IRAV^[1].
For a room: that the sum of the rents for the whole home does not exceed the price of the entire home^[3].
For a short-term rental: the presence of the unique registration number^[6].
The October 16 vote and the final text of RDL 29/2026, to be read on the BOE website (boe.es); the Ministry of Housing offers the maximum increase calculator^[5].
If you are unsure whether these rules apply to a contract already signed or to a tenant without an NIE, ask the Ministry of Housing or a specialized lawyer for confirmation before acting.

Sources

1.^ a b c d e f g h iocu.org — How much rent is updated in October 2026 | OCU fincas y casas: “It was later repealed for lack of validation by the Congress of Deputies, but the government again approved another regulation, RDL 29/2026, which came into force on October 8.” ; “In this case, the RDL states that the increase will be the one resulting from a new agreement between landlord and tenant; without a new agreement, the increase may not exceed 2% until December 31, 2027.” ; “The landlord may only update the rent if the contract allows it. Since October 8, 2026, the IRAV (reference index for updating housing rents) is also the maximum limit of the increase for all housing contracts, including those signed before May 26, 2023.” https://www.ocu.org/fincas-y-casas/gestion/alquiler/analisis/subira-la-renta-en-2026 (accessed October 14, 2026)
2.^ a b c d efr.cibercuba.com — Housing Decrees in Spain Take Effect: Which Measures Lose Their Effect and Which Remain in Force for Tenants and Landlords: “Royal Decree-Law 27/2026 was published on October 1. The BOE lists October 2 as the date of entry into force and also as the repeal date that same day, through a second resolution of Congress.” ; “The key is that Congress's rejection eliminated the reforms added by Decrees 26/2026 and 27/2026, but did not repeal the Urban Leases Act or the Right to Housing Act, which continue to regulate much of the relationship between landlords and tenants.” ; “The previous regulation applies again: after a minimum term of five or seven years, the contract may continue through annual renewals for up to three years if neither party terminates it within the legal deadlines.” https://fr.cibercuba.com/noticias/2026-10-05-u1-e13-s27061-nid341955-caen-decretos-vivienda-espana-medidas-pierden-efecto (accessed October 14, 2026)
3.^ a b c d e f g hque.es — The Two Housing Decrees Already Change Rentals: What Affects You From Today and What Is Voted on Friday: “The Permanent Deputation of Congress, the body that acts when the chamber is not in session, votes on its ratification on Friday, October 16.” ; “If the decree is ratified on October 16, the measures will continue to apply as they are; if there is no ratification, the text lapses.” ; “The decree already in force includes extensions of up to three years in high-demand areas, caps on increases, and the suspension of evictions of vulnerable families until 2030.” https://www.que.es/2026/10/11/decretos-vivienda-alquiler-congreso/ (accessed October 14, 2026)

Show 3 more sources

4.^ a b c dfr.cibercuba.com — New Rental Measures in Spain: What Changes for Tenants and What Is Still Pending: “The decree also sets an extraordinary extension of up to two years, requested by the tenant, per year, for contracts whose mandatory, tacit, or tacit renewal period ends before December 31, 2028, provided the tenant is up to date on payments and has been for the previous eight months.” ; “If the landlord decides not to renew without valid cause, they must pay compensation equivalent to at least 12 months of rent for a comparable home, calculated using the state's reference price system, and it cannot be less than one month's rent for each year of residence.” ; “To not renew, the landlord must give notice at least six months in advance, compared with the two months required of the tenant.” https://fr.cibercuba.com/noticias/2026-09-30-u1-e13-s27061-nid341554-nuevas-medidas-alquiler-espana-cambia-inquilinos-esta (accessed October 14, 2026)
5.^ a b cocu.org — How Much Rent Goes Up in October 2026 | OCU Flats and Houses: “However, this clause does not mean that rent updates can be claimed retroactively.” ; “The Ministry of Housing offers a calculator to determine the maximum increase.” https://www.ocu.org/fincas-y-casas/gestion/alquiler/analisis/2025/12/subira-la-renta-en-2026 (accessed October 14, 2026)
6.^ a b c dboe.es — BOE-A-2026-2954 Resolution of October 17, 2025, of the Directorate General for Legal Security and Public Faith, on the appeal against the refusal by the Bilbao Property Registrar No. 7 to assign a short-term rental registration number for a property: “Thus, without the unique registration number, the building or any part of it may not be offered on online short-term rental platforms.” ; “A resolution of May 9, 2025 established that the statutory rule prohibiting lodging activity applies to tourist-use housing, so no unique registration number can be assigned to a unit in a condominium whose bylaws contain that prohibition.” https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-2954 (accessed October 14, 2026)