Spain’s new rental rules: Royal Decree-laws 28/2026 and 29/2026 explained for landlords and tenants

Until now, calling a contract a seasonal let (arrendamiento de temporada) took it outside the protective rules for homes. From 8 October the law instead recognises a temporary housing lease: one for a tenant temporarily away from their usual home for a justified reason that can be proved. The contract must state the reason, and in a dispute the landlord must prove it was real. The term must exceed 31 days and, as a rule, not exceed 12 months.

Without a valid reason, the contract is a habitual-residence lease from signature: at least five years (seven for company landlords). The same applies if the let exceeds 12 months without justification, or if more than two consecutive temporary contracts are signed between the same parties for the same property. Room lets are now housing leases, and the rooms together cannot be let for more than the whole property.

The decree does not list valid reasons, so a long leisure stay, such as a winter let to someone who keeps a home abroad, is not clearly covered. Record the tenant’s permanent address, the reason and the end date, with evidence.

Tourist lets (holiday lets) stay outside tenancy law only if they comply with regional tourism rules and each stay is 31 days or less. From 1 December 2026, furnished lets of 30 nights or fewer pay 10% VAT unless the owner lives in the property. Holiday-home owners should check the VAT position with their tax adviser; our property lawyers for Marbella can review the contracts.

Seasonal contracts signed before 8 October keep the old rules until their agreed end date and then expire without extension. A renewal is subject to the new rules.

For housing leases with an annual review between 8 October 2026 and 31 December 2027, the increase is whatever the parties newly agree. Without a new agreement it cannot exceed 2%. If the rent already exceeds the official reference index, there is no increase.

A lease with no review clause has no annual increase, and a review can never exceed the official IRAV index.

A tenant whose habitual-residence lease was in force on 8 October 2026 can request an extension of up to two years, in annual periods and on the same terms, if the minimum five or seven years ends before 31 December 2028, or if its tacit extension comes to an end. The tenant must be up to date and have paid on time in each of the previous eight months.

The landlord must accept, unless the parties agree other terms or a new contract, the landlord has validly given notice that they need the home for themselves or close family, or they agree a rent at least 5% lower. In declared stressed areas, the three-year extension applies instead.

Under Royal Decree-law 28/2026, once a habitual-residence lease has lasted five years (seven for company landlords), it renews automatically for further periods of the same length unless a party gives notice: six months for the landlord, two for the tenant.

A landlord who does not renew must pay the higher of 12 monthly payments or one monthly payment per year the tenant has lived there. The monthly figure is the top of the range in the State rental price reference system for that property, or the current rent if the system gives no value. It is paid on return of the keys; a buyer of the property inherits the obligation.

No compensation is due if the notice states, in detail, that:

• the landlord, an individual, needs the home for themselves, close relatives or a former spouse (if nobody moves in within three months, compensation becomes payable);
• the tenant has been absent more than six of the last 12 months without good reason;
• the tenant has another suitable home in the same municipality;
• the parties sign a new habitual-residence lease;
• or the tenant refuses a formal offer of a new five-year lease (seven for companies) at a rent within the stressed-area limits.

If the tenant could request a mandatory extension and does not, no compensation is due; if they request it, compensation is paid when it ends.

For leases already running, the new regime applies to expiry dates after 15 November 2026. Non-renewal notices validly served before publication on 7 October keep their effect without compensation. If fewer than six months remain on 15 November, four months’ notice is enough. Leases in an annual tacit extension finish it under the old rules first.

As a general rule these apply to contracts signed from 8 October 2026; earlier leases keep the law in force when they were signed, save where the decree says otherwise.

Additional guarantees are capped at two months’ rent (one for temporary lets), and rent default insurance cannot be required of the tenant. IBI and other property taxes, letting agency fees and renewal fees cannot be passed on to the tenant.

The tenant’s right of first refusal on a sale can no longer be waived.

If a defect affects habitability, the landlord has 15 calendar days to answer a written request with a quote; otherwise the tenant may repair and deduct the cost from the rent (five working days in temporary lets).

Both parties must sign a check-out record, similar to a check-out inventory in the UK. Without one, the property is presumed returned in good condition.