Spain's October housing decree stays: on 12 November 2026 the Standing Committee (Diputación Permanente) of Congress validated Royal Decree-law 29/2026. The vote was 35 in favour and 34 against. So Spain's new rental rules, in force since 8 October, are no longer provisional. In the same session it repealed Royal Decree-law 28/2026, the one on automatic renewal of contracts.
What changes for you today
Nothing new compared with 8 October: the rules already applied and now they stay. What changes is that they can no longer fall in this vote. If you are looking for a flat, the practical side is in our guides: renting without a payslip and tenant rights for foreigners.
What happened
Parliament is dissolved for the 29 November election, so decree-laws are voted by the Standing Committee, a smaller body of Congress. Its agenda for 12 November had both housing decrees of 6 October. Decree 29/2026 passed by one vote; 28/2026 fell by the same margin (idealista report). The decision will be published in the BOE in the coming days.
How it works now
Royal Decree-law 29/2026 applies and is already part of the Urban Leases Act (LAU). For contracts signed from 8 October, these are the 5 new rules for tenants:
What changes
- Rent-default insurance. Before, the landlord could ask you to buy it; now they cannot require rent-default insurance "or similar cover" (art. 36.5).
- Guarantee in temporary lets. Before, the cap on the extra guarantee referred to a main home; now in a temporary let it is at most 1 month of rent. For a main home the 2-month cap stays (art. 36.5).
- Reason for a temporary let. Before, the law did not require the contract to state the reason; now the contract must state why it is temporary (for example, work or studies), the reason must be real and the landlord must prove it. Without it, it is a rental of a main home, with its terms and extensions (art. 7.2). It must last more than 31 days and, as a rule, no more than 12 months (art. 9 bis).
- Management fees. Agency management and the formalisation of the contract were already paid by the landlord; now the law makes clear this includes preparing, managing, changing or renewing the contract, and that it cannot be passed on to you, even indirectly. Other services only if you ask for them in writing, knowing the price and that they are optional (art. 20.2).
- When you move out. Both sides must sign a document on the state of the flat; without it, you are presumed to have returned it in good condition unless proven otherwise (art. 36.7).
Seasonal contracts signed before 8 October keep their rules until they end and are not extended; if renewed, the new rules apply.
What happens next
The validation will be published in the BOE. There is a general election on 29 November: the new Parliament may change these rules by law. This news will be reviewed in January 2027.
What you can do
- If you are required to buy rent-default insurance or pay more than 1 month upfront, remember the law does not allow it and ask the consumer office (OMIC) at your town hall.
- If you are offered a "seasonal" contract, check that it states the reason and that it is true.
- When you hand back the keys, ask to sign the document on the state of the flat.
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Informational only; check the official source and a professional for your specific case.