Spain's new 2026 housing decrees: extension of up to two years, 2% cap and five-year renewal with compensation (RDL 28 and 29/2026)

The Council of Ministers approved two housing royal decree-laws on October 6, 2026, published in the BOE on October 7. Royal Decree-law 29/2026, "por el que se adoptan medidas urgentes para la protección de la función social de la vivienda y la ampliación de la oferta de vivienda asequible" (urgent measures to protect the social function of housing and expand the supply of affordable housing), enters into force "el día siguiente al de su publicación" (the day after its publication; eleventh final provision), that is, on October 8. Royal Decree-law 28/2026, "por el que se adoptan medidas urgentes para reforzar la estabilidad de los contratos de arrendamiento de vivienda habitual" (urgent measures to strengthen the stability of leases on a primary residence), "entrará en vigor el 15 de noviembre de 2026" (will enter into force on November 15, 2026; second final provision). Here is what changes if you rent, with the exact article. Further down we keep what the decrees repealed on October 2 said.

The extraordinary extension of up to two years (RDL 29/2026, in force since October 8)

It is set out in the fifth final provision of RDL 29/2026. It applies to leases on a primary residence in force on October 8 where:

• the mandatory extension period (the five or seven years of art. 9.1 of the Urban Leases Act, Ley de Arrendamientos Urbanos) "finalice antes del 31 de diciembre de 2028" (ends before December 31, 2028), or
• the tacit extension period of articles 10.1 and 10.2 ends, or the tacit renewal period under article 1566 of the Civil Code ends.

The tenant must be "al corriente de pago del alquiler, y lo haya estado mensualmente durante los ocho meses anteriores" (up to date with the rent, and have been so every month for the previous eight months). If so, the extension applies "previa solicitud del arrendatario" (at the tenant's request), "por plazos anuales y hasta un máximo de dos años adicionales" (in yearly terms up to a maximum of two additional years), keeping "los términos y condiciones del contrato en vigor" (the terms and conditions of the current lease).

The landlord must accept it, except in three cases: you have agreed on other terms, you have signed a new lease, or the landlord has notified you, within the deadlines and conditions of article 9.3 of the Urban Leases Act, that they need the home for themselves or their relatives (even if the lease did not provide for this, "siempre que concurra causa real y acreditada de necesidad", as long as there is a real and proven need).

Two caveats: if you live in a stressed residential market area (zona de mercado residencial tensionado), the extension for those areas (art. 10.3 of the law) applies first and is incompatible with this one; and the extension does not apply if you renew or sign a new lease "con una renta inferior en al menos un cinco por ciento" (with rent at least five percent lower).

The cap on annual rent increases until December 31, 2027 (RDL 29/2026)

The sixth final provision applies to leases whose rent is due to be updated because the lease anniversary falls between October 8, 2026 and December 31, 2027:

• if the rent is above the limit of the reference price index system, "no procederá la aplicación de incremento alguno de la renta" (no rent increase at all may be applied);
• in all other cases, the increase is whatever you newly agree on; without that new agreement, "el incremento de la renta a aplicar no podrá ser superior al dos por ciento" (the rent increase may not exceed two percent).

In addition, article 18.1 of the law now reads: if the lease says nothing, the rent is not updated ("En defecto de pacto expreso, no se aplicará actualización de rentas a los contratos"), and the annual update can never exceed the change in the Reference Index for the Annual Update of Housing Leases (IRAV).

Other changes to the tenancy law from October 8 (art. 3 of RDL 29/2026)

• Rooms: a primary-residence lease now includes "el arrendamiento parcial de una habitación o estancia de la vivienda" (renting part of the home, a room) (art. 2.1). The rents for rooms let at the same time cannot add up to more than the rent for the whole home (art. 17.9).
• Temporary leases: they are for someone "temporalmente desplazado de su domicilio habitual, por causa justificada y acreditable" (temporarily away from their usual home for a justified and provable reason) (art. 2.3). The lease must state that reason; if it does not, it is governed as a primary-residence lease "con efectos retroactivos" (retroactively) (art. 7.2). It lasts more than thirty-one days and, as a general rule, no more than twelve months (art. 9 bis). You can leave after one month with ten days' notice (art. 11.2), and the additional guarantee cannot exceed one month's rent (art. 36.5).
• Rent on a new lease in a stressed area: it cannot exceed the last rent of the previous five years for that home, as updated; it can only go up by as much as 10% more in specific cases (recent renovation, energy or accessibility improvements, or a lease of ten years or more) (art. 17.6). If the landlord is a large holder (more than ten urban residential properties or more than 1,500 m² of residential floor space; the region can lower it to five or more in the stressed area, art. 3.k of Law 12/2023, as worded by art. 4 of RDL 29/2026), the limit is that of the reference price index (art. 17.7).
• Leaving early (primary residence): after six months, with thirty days' notice and without compensating the landlord (art. 11).
• Agency fees: property management and lease formalization costs cannot be charged to the tenant "ni directa ni indirectamente, bajo ningún concepto o denominación" (neither directly nor indirectly, under any concept or name) (art. 20.2). Neither can property taxes, unless you are the taxpayer (art. 20.1).
• Guarantees: on top of the deposit, the landlord can ask for an additional guarantee of no more than two months' rent on leases of up to five years (seven if the landlord is a legal entity), and "en ningún caso podrá exigirse al arrendatario la contratación de seguros de impago de renta" (the tenant can never be required to take out rent default insurance) (art. 36.5).
• Repairs: if there is damage affecting habitability, safety or health, you can request the repair in writing with a quote; if the landlord does not respond within fifteen calendar days or refuses without justification, you can do it yourself and deduct it from future rent, at a reasonable and documented cost (art. 21.5).
• Handing back the apartment: a document recording the condition of the home is signed; if none is signed, or it records no damage, you are presumed to have returned it in good condition unless proven otherwise (art. 36.7).
• Written lease: if you ask for it, it is mandatory; if it is not done, the verbal lease remains valid (art. 37.2).
• Listings: rental listings must include the reference price index if the home is in a stressed area, the applicable rent limit and, where relevant, the unit's code and whether the landlord is a large holder (art. 20 of RDL 29/2026).

Evictions of vulnerable people (arts. 2 and 5 of RDL 29/2026)

Until December 31, 2030, the court suspends the proceedings if the defendant is vulnerable and has no housing alternative, and the plaintiff is an entity dedicated to buying properties or portfolios of defaulted mortgage loans "por un precio claramente inferior a su valor de tasación de mercado" (for a price clearly below their appraised market value) with the aim of "eludir los mecanismos de función social de la vivienda o maximizar su rentabilidad a través de la desproporción en las rentas de alquiler, en los precios de reventa o por su destinación a finalidades no residenciales" (evading the social-function mechanisms of housing or maximizing profit through disproportionate rents, resale prices or non-residential use). It also applies if there is already a judgment or an eviction order, as long as it has not been carried out. It does not apply to public administrations or public social-housing companies (art. 2.1). With other plaintiffs, and outside the cases of the new art. 22.6 of the Civil Procedure Act (Ley de Enjuiciamiento Civil), the court asks the administration to offer an alternative and, if there is none, suspends the proceedings; the suspension is reviewed every twelve months and lifted after three years at most (art. 2.2). Note: there is no suspension if the court finds that the landlord's vulnerability weighs more (unless the landlord is a legal entity or a large holder), and the tenant's financial vulnerability "tampoco prevalecerá" (will not prevail either) when the landlord is an individual with two homes or fewer. And in evictions for non-payment of a vulnerable tenant, the administration has two months to offer an alternative or pay what is owed; if it does neither, it takes over the debt and there is no eviction (new art. 22.6 of the Civil Procedure Act). The suspension does not release you from continuing to pay the rent.

The extension in five-year terms with compensation (RDL 28/2026, from November 15)

RDL 28/2026 rewrites article 10 of the Urban Leases Act. It does not apply until November 15, 2026. From then on:

• After five years of lease (seven if the landlord is a legal entity), if nobody gives notice, the lease "se prorrogará tácita y obligatoriamente por plazos sucesivos de cinco años, o siete años si el arrendador fuese persona jurídica" (will be tacitly and mandatorily extended in successive terms of five years, or seven if the landlord is a legal entity). The landlord must give six months' notice; you, two.
• If the landlord says they will not renew, they owe you compensation: the higher of twelve months' rent or one month's rent for each year you have lived in the home, calculated using the upper value of the state rental reference price system (or your rent, if there is no reference value). It is paid when you hand over the home.
• There is no compensation if the landlord, as an individual, needs the home for themselves or for relatives up to the second degree (if they do not move in within three months, barring force majeure, there is); if in the twelve months before the notice you spent more than six without living there, unless there is a justified reason (health, work, studies, caring for relatives) or your spouse or dependent children kept living there; if on the date of the notice you have another suitable home in the same municipality, owned or with a right of use or enjoyment, and can move into it; if you sign a new lease; or if you reject, expressly or tacitly, a formal offer of a new lease on the same home, made within the notice period, for at least five years (seven if a legal entity) and with rent limited by art. 17.6 even if the home is not in a stressed area (art. 10.2). These reasons must be stated "de forma expresa, detallada y por escrito" (expressly, in detail and in writing) in the notice.
• There is also no compensation if you could have requested a legal extension mandatory for the landlord and did not; if you request it, the compensation is paid when that extension ends. If the landlord sells the home, the buyer who takes over the lease is liable for the compensation (art. 10.1).
• If you and the landlord later agree on an extension, it cannot be shorter than five years (seven if a legal entity), and clauses that worsen your lease are void (art. 10.3 and 10.4). The one-year extension for vulnerability and the extension of up to three years in stressed areas remain (art. 10.5 and 10.6).
• How it fits with the two-year extension of RDL 29/2026: that extension "no será de aplicación cuando proceda la prórroga prevista en el artículo 10.1" (will not apply when the extension under article 10.1 applies). If the two-year extension applies to you after the landlord gave notice of non-renewal, the lease ends when it runs out (unless you agree otherwise or sign a new lease), and if the landlord has none of the reasons in art. 10.2, they owe you the compensation (first additional provision of RDL 28/2026). Watch the numbering: from November 15, the stressed-area extension that RDL 29/2026 cites as art. 10.3 becomes art. 10.6.
• Leases already signed: it applies to expiry dates after November 15. Non-renewal notices the landlord validly gave before the decree was published in the BOE (October 7) remain valid and do not give a right to compensation, even if an extraordinary extension later applies to you. If on November 15 your lease has less than six months left to run, the landlord can give four months' notice. If you are already in the three years of annual extension, you stay in it until the end and the new regime applies afterward. If your lease is in tacit renewal (art. 1566 of the Civil Code), the new regime applies from its first expiry date after November 15, and all the time since the original lease counts toward the five or seven years (sole transitional provision).

If you requested the extension under the repealed decree

RDL 29/2026 deems valid, without having to request them again, the extensions requested under RDL 8/2026 of March (first transitional provision). It says nothing about those requested under RDL 26/2026 while it was in force (October 1 to 2). The RDL 29/2026 extension applies "previa solicitud del arrendatario" (at the tenant's request) from October 8. If you requested the previous one, keep proof of that first request and its date.

The decrees repealed on October 2 (RDL 26/2026 and RDL 27/2026)

Congress voted against ratifying the two housing decrees of September 29: Royal Decree-law 26/2026 "ha sido rechazado por 172 votos a favor y 178 en contra" (was rejected by 172 votes in favor and 178 against) and Royal Decree-law 27/2026 "por 166 votos a favor y 184 en contra" (by 166 votes in favor and 184 against) (Congress press release). What follows explains what they said and no longer applies: your lease is governed by the new decrees above.

What Royal Decree-law 26/2026 said (repealed)

1. The extraordinary extension of up to two years (repealed)

The fifth final provision lets tenants request an extraordinary extension in yearly periods, up to a maximum of two additional years, on the same terms and conditions as the current lease. You are entitled to it if all of these apply:

• Your lease is for your main home, is governed by the Urban Leases Act (LAU) and is in force on October 1, 2026.
• The mandatory extension period (five years, or seven if the landlord is a legal entity, such as a company) ends before December 31, 2028, or the tacit extension under articles 10.1 and 10.2 of the Act ends, or the tacit renewal under the Civil Code ends.
• You are up to date with the rent and have paid every month for the previous eight months.

The extension is not automatic: you have to request it. The decree does not set a form or a deadline for the request; the prudent approach is to send it in writing, in a way that proves the date (for example, by burofax, Spain's certified letter), and before your lease expires.

The landlord must accept it, except in these cases:

• You have agreed on other terms or signed a new lease.
• You agree to renew or sign a new lease with rent at least 5% lower.
• The landlord has notified you that they need the home for themselves or their family, within the time limits and conditions of article 9.3 of the Act. That article provides for it when the landlord is an individual, after the first year of the lease, and as a permanent home for the landlord, first-degree relatives or a spouse after a final judgment of separation, divorce or annulment. The notice must arrive at least two months in advance and stating the reason. For this extension, that need does not have to be written into the lease, but it must be real and proven.

If you live in a stressed housing market area, the existing extension of up to three years (art. 10.3 of the Act) takes priority: the two cannot be combined.

If you already requested the extension under Royal Decree-law 8/2026 while it was in force, that request remains valid without repeating it, and you keep your right to terminate the lease. When that extension ends, any new one must be requested under the rules of this decree (first transitional provision).

2. The cap on annual rent increases until December 31, 2027 (repealed)

If your lease reaches its anniversary (and the rent is due to be updated) between October 1, 2026 and December 31, 2027, the sixth final provision says:

• If your rent is already above the ceiling of the reference rent index system, it cannot go up at all.
• In all other cases, the increase is whatever you and your landlord newly agree. Without a new agreement, it cannot exceed 2%.

In addition, the new wording of article 18.1 of the Act says that, without an express agreement, the rent is not updated, and that the annual increase can never exceed the change in the reference index for annual rent updates on residential leases (IRAV).

3. Other rules it changed in the leases act (repealed)

The decree does not say expressly whether these rules reach leases signed before October 1 (it only does so for temporary leases, below). For new leases they apply from that date.

• No agency or signing fees: they cannot be charged to you directly or indirectly, including for renewing or amending the lease (art. 20.2).
• Guarantees: you cannot be required to buy rent-default insurance, and any guarantee on top of the deposit cannot exceed two months' rent in home leases of up to five years (seven if the landlord is a legal entity) (art. 36.5).
• Urgent repairs: if there is damage affecting habitability, safety or health, or repairs that are the landlord's responsibility are needed, you can request them in writing with a reasonable quote. The landlord has fifteen calendar days to accept it, propose another repair or carry it out; if there is no answer or an unjustified refusal, you can do the work and deduct it from future rent; the cost must be reasonable and documented (art. 21.5).
• When you move out, landlord and tenant sign a document recording the condition of the home. If none is signed, or it records no damage, the home is presumed, unless proven otherwise, to have been returned in good condition (art. 36.7).
• Written lease: if you ask for it, the lease must be put in writing, although a verbal lease remains valid (art. 37).
• If the landlord sells the home, you have a right of first refusal for thirty calendar days from being notified, and you cannot agree to waive it (art. 25).

Rooms and temporary rentals: what it changed (repealed)

This is the most common situation when you first arrive in Spain, and it is where most things change (article 3 of the decree, which amends the Urban Leases Act):

• Renting a room as your home counts as a main-home lease. The Act now includes "the partial lease of a room or space in the home" (art. 2.1). It is only temporary if you rent it because you are temporarily away from home, under the conditions in the next point (art. 2.3). In addition, the combined rent of the room leases in force at the same time in an apartment cannot exceed the rent for the whole apartment (art. 17.9).
• A temporary lease needs a reason. It only counts as temporary when it covers your housing need because you are temporarily away from your usual home for a justified and provable reason (art. 2.3). The lease must state that reason; if it does not, it is treated as a main-home lease from day one. The burden of proof is on the landlord (art. 7.2).
• Length: more than 31 days and, as a general rule, up to twelve months. If it goes beyond twelve months with no reason to justify it, or more than two temporary leases in a row are signed between the same parties for the same home, the first one is treated as a main-home lease, with its minimum term and extensions (art. 9 bis).
• Repairs in temporary leases: the landlord must respond within five business days; if they do not, you can do the repair and claim the cost from them or, with justification, deduct it from the following month's rent (art. 21 bis).
• Consecutive temporary leases in the same home: the rent of later leases cannot rise each year by more than the IRAV (art. 17.8).
• Guarantee: in temporary leases, any guarantee on top of the deposit cannot exceed one month's rent (art. 36.5).
• Leaving early: in a temporary lease you can terminate once one month has passed, giving ten days' notice; in a main-home lease, after six months, giving thirty days' notice. In both cases, with no penalty (art. 11).
• If your temporary lease was signed before October 1, it keeps its old rules until the agreed end date and then expires with no extension. If it is renewed, the new rules apply (eighth transitional provision of the Act).

These rules on temporary and room leases apply without prejudice to each region's own rules, which govern in its territory (new twelfth additional provision of the Act). If you live in Catalonia, for example, check the Catalan rules too.

Who it did not apply to

• Your nationality does not matter. The Urban Leases Act makes no distinction between Spanish and foreign tenants, and the decree does not touch immigration law.
• The two-year extension is not for temporary leases: it only covers main-home leases in force on October 1.
• It is not for tenants in arrears: you must be up to date and have been for the previous eight months.
• It does not cover tourist rentals: tourist stays, which cannot exceed 31 days, remain outside the leases act (art. 5.e).

Other measures in the decree (repealed)

• Evictions of vulnerable people with no alternative housing (art. 2), until December 31, 2030. If the claimant is an entity that buys homes or portfolios of defaulted mortgage loans at a price clearly below their appraised value, in order to avoid the social function of housing or maximize its returns, the court suspends the proceedings when the tenant is vulnerable (with a social services report or under the criteria of art. 441.7 of the Civil Procedure Act) and has no alternative housing. With other claimants, the court asks the authorities to report on the resources they have and suspends the case if they do not answer or have none; the suspension is reviewed every twelve months and is lifted, among other cases, after three years or if you turn down the alternative offered without good reason. The tenant's vulnerability does not prevail when the landlord is an individual with two homes or fewer, and the suspension does not remove the obligation to pay the rent. It also reaches cases where a judgment or eviction order has already been issued, as long as the eviction has not been carried out (art. 2), and ongoing enforcement proceedings where it has not taken place, even if an earlier suspension was already resolved or exhausted (second transitional provision).
• Extraordinary payment mechanism: if the tenant is economically vulnerable and the authorities do not offer suitable alternative housing, they have two months to offer it or pay the debt; meanwhile the proceedings are suspended. If they do neither, the authorities take over the debt, there is no eviction and the lease continues while the vulnerability lasts (art. 5, new art. 22.6 of the Civil Procedure Act).
• Income tax deduction for renting your main home: 10% of what you pay, if your taxable base is below €33,007.20. The maximum base is €11,630 a year if your taxable base does not exceed 23,007.20 euros; between that figure and 33,007.20 euros, 11,630 euros is reduced by 1.163 times the difference between your taxable base and 23,007.20 euros. It does not apply if, for at least half the year, you or anyone in your family unit hold, alone or jointly, the whole of the full ownership or a right of use or enjoyment of another home less than 50 km away, unless an administrative or court decision prevents living in it (art. 6, new art. 68.6 of the Income Tax Act, effective from the decree's entry into force).
• Speculative purchases: until December 31, 2028, entities whose purpose is acquiring property are restricted from acquiring homes free of charge or for less than 70% of their appraised value, with exceptions (art. 1).
• TU CASA line for first homes: interest-free loans with no fees for the lower of 20% of the home's value or €50,000. Beneficiaries and requirements will be set by a Council of Ministers agreement, not yet published (art. 19).

Do you live in a stressed housing market area?

They are declared by each region and published by the Ministry of Housing. According to its July 29, 2026 press release, there are 317 municipalities in five regions: Catalonia, the Basque Country, Navarre, Galicia and Asturias. Check your municipality and how long the declaration lasts in the Ministry's official search tool. If you live in one, besides the extension of up to three years under article 10.3, the rent on a new lease cannot exceed that of the last lease on the home in the previous five years, once updated (art. 17.6), and if the landlord is a large holder, it cannot exceed the reference price index either (art. 17.7).

Spain's Constitutional Court dismissed the Basque Government's challenge against, among others, article 18 of Law 12/2023, which governs the declaration of stressed areas (STC 59/2026 of 8 September, published in the BOE on 12 October 2026). That article remains in force.

On the same day as the previous housing decree, the Cabinet approved a second decree, on the automatic renewal of primary-residence leases. It was published in the BOE on October 1, 2026 and took effect the following day (Royal Decree-law 27/2026, second final provision).

The second decree, also repealed: automatic renewal (RDL 27/2026)

RDL 27/2026 rewrites article 10 of the Urban Leases Act (Law 29/1994). It applies to primary-residence leases (not to commercial premises, seasonal lets or any use other than housing) and changes what happens after the contract's minimum term is up.

Without the decree: once the minimum term was reached (five years, or seven if the landlord is a legal entity, such as a company), the lease rolled over year by year for up to three more years and then ended or entered the automatic continuation ("tácita reconducción") under the Civil Code.

With the decree (repealed): once that same minimum term is reached, if neither party gives notice that they do not want to continue, the lease is automatically extended for successive five-year terms (seven if the landlord is a legal entity). This applies at the end of the minimum term and also at the end of any later extension, including voluntary and statutory ones. Under the new art. 10.1 of the Act, continuity of the lease becomes the rule.

What it would have changed for tenants

• Notice not to renew. A landlord who does not want to extend must give you six months' notice (the decree's preamble explains that until now the notice period was four months). If you are the one who does not want to continue, you must give two months' notice (art. 10.1).
• Compensation if the landlord does not renew. If the landlord validly gives notice not to extend, they must compensate you with at least twelve months' rent for a dwelling of similar characteristics to yours —not the rent of your own contract—, calculated where possible using the state reference index for rental prices; and never less than one month's rent for each year you have lived in the home (prorated by months for periods under a year and by days for periods under a month). It is paid when you hand over the home, except where the landlord claims they need it for themselves or their family (point a below), in which case it is only due if they fail to occupy it within three months (arts. 10.1 and 10.2.a).
• No compensation if you already qualify for a statutory extension. There is no compensation when, for the term the notice refers to, you meet the requirements to obtain a statutory extension that is binding on the landlord, even if you did not request it (art. 10.1, third paragraph).

When there was no compensation even if the landlord did not renew

The decree sets out several cases, which the landlord must state expressly, in detail and in writing in the notice (art. 10.2). Besides the five specific cases, point f) adds an open-ended clause, so the list is not entirely closed:

• a) The landlord, being a natural person, needs the home for themselves, for second-degree relatives (by blood or adoption) or for their spouse following a final judgment of separation, divorce or annulment. If after three months the home has not been occupied by the intended person, barring force majeure, you are entitled to the compensation.
• b) You have not lived in the home for more than six months in the twelve months before the notice, unless the absence is justified (health, work, study, caring for relatives) or the persons referred to in art. 7.1 of the Act have continued living there.
• c) On the date of the notice you have, in the same municipality, another home suitable for your needs, as holder of full ownership or of a right in rem of use or enjoyment, and you can occupy it.
• d) You sign a new lease.
• e) You reject —expressly or tacitly— a reliable offer from the landlord, for the same home and within the notice period, to sign a new lease that guarantees you five or seven years and sets the rent under the rules of art. 17.6, even if the home is not in a stressed-market area.
• f) Some other justified circumstance that, in the specific case, makes the landlord's interests prevail where the landlord has proven vulnerability.

If the landlord sells the home, you do not lose your right to compensation: it passes to the buyer who steps in as the new landlord, unless one of the cases above applies (art. 10.1).

Voluntary extensions and void clauses (under the repealed decree)

• If, after giving you notice not to renew, you ultimately agree on a voluntary extension, it cannot be shorter than the terms in the first paragraph (five or seven years) (art. 10.3).
• Clauses in those extension agreements that worsen the original contract's terms to your detriment are void and treated as unwritten (art. 10.4).

Extraordinary extensions the decree kept

Both apply only where the lease would otherwise end because the landlord has given notice not to extend:

• For vulnerability: at the tenant's request, an extraordinary extension of up to one year, proving a situation of social and economic vulnerability with a report from the social services issued within the last year; it is binding on the landlord when they are a large holder, unless you sign a new lease (art. 10.5).
• In a stressed residential market area: at the tenant's request, an extraordinary extension on an annual basis, up to a maximum of three years, while the area's designation is in force; it is binding on the landlord unless you agree other terms, sign a new lease with any applicable rent limits, or the landlord has given notice, within the time limits and conditions of art. 9.3, that they need to occupy the home for themselves, second-degree relatives or their spouse (art. 10.6).
• Where several extraordinary extensions coincide you may choose the one most favorable to you, but without prejudice to the priority of the stressed-area extension, which is incompatible with the others and prevails over them (arts. 10.5 and 10.6).

Existing leases (under the repealed decree)

The new rules apply to existing leases, but only to terms that fall due after the day following the entry into force, that is, from October 4, 2026 (single transitional provision):

• If your lease has less than six months left to its term when the decree takes effect, the landlord may give notice of non-renewal four months in advance.
• Leases already in the previous extension period keep those rules until it ends; after that, the new article 10 applies.
• Leases under automatic continuation (art. 1566 of the Civil Code) become subject to the new article 10 from the first term that falls due once four months have passed since entry into force; until then they are governed by arts. 1566 and 1581 of the Civil Code. The time of the original contract and of the automatic continuation are added together for the minimum term, and the landlord may give four months' notice. Notices ending the automatic continuation validly given before entry into force keep their effect and do not give rise to compensation.
• If you received a valid non-renewal notice before entry into force, the decree's preamble states that it keeps its effect and does not give rise to compensation; in the enacting terms this is set out expressly only for the automatic continuation.

This second decree is coordinated with the previous one (RDL 26/2026): its extraordinary extension does not apply where the renewal under the new article 10.1 applies (first additional provision of RDL 27/2026). And if that RDL 26/2026 extension applies to a lease where non-renewal has already been notified, the lease ends when it finishes —unless you agree an extension under paragraphs 3 and 4 of art. 10 or sign a new lease—; if no case under art. 10.2 then applies, your right to compensation arises.

Sources

• Royal Decree-law 29/2026 of October 6 (BOE of October 7, 2026): arts. 2, 3 (Law 29/1994, arts. 2, 7, 9 bis, 10, 11, 17, 18, 20, 21, 36 and 37), 4, 5 and 20; first transitional provision; fifth, sixth and eleventh final provisions (entry into force).
• Royal Decree-law 28/2026 of October 6 (BOE of October 7, 2026): sole article (new wording of art. 10 of Law 29/1994); first additional provision; sole transitional provision; second final provision (entry into force).
• Royal Decree 806/2026 of October 5, dissolving Congress and the Senate and calling elections (arts. 1 and 2).
• Spanish Constitution, arts. 78.2 and 86.2.
• Congress of Deputies, press release of October 2, 2026: «Congress has repealed two royal decree-laws on housing this Friday» (votes on Royal Decree-laws 26/2026 and 27/2026).
• Royal Decree-law 27/2026 of September 29 (BOE of October 1, 2026): sole article (new wording of art. 10 of Law 29/1994); first additional provision; single transitional provision; second final provision (entry into force).
• Civil Code, arts. 1566 and 1581.
• Royal Decree-law 26/2026 of September 29 (BOE of September 30, 2026): arts. 1, 2, 3, 5, 6 and 19; first and second transitional provisions; fifth, sixth and eleventh final provisions.
• Law 29/1994 on Urban Leases, art. 9.3 (consolidated text) and the articles amended by the decree.
• Spanish Constitution, art. 86.
• Resolution of April 28, 2026 of the Congress of Deputies (repeal of Royal Decree-law 8/2026).
• La Moncloa: press conference after the Council of Ministers of September 29, 2026 (official video; source for the announced plenary).
• Ministry of Housing and Urban Agenda: July 29, 2026 press release and stressed-area search tool.