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Spain's new rental rules: housing decree RDL 29/2026 validated

📰 News of 12.11.2026
Spain's new rental rules: housing decree RDL 29/2026 validated
Palacio de las Cortes, sede del Congreso de los Diputados, Madrid. Foto: Antonio.velez / Wikimedia Commons, CC BY-SA 3.0 es (recortada).

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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 In the same session it repealed Royal Decree-law 28/2026, the one on automatic renewal of contracts.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

  1. 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).
  2. 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).
  3. 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).
  4. 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).
  5. 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.

Frequently asked questions

What are Spain's new rental rules after the decree was validated?

RDL 29/2026, in force since 8 October and validated on 12 November, forbids requiring the tenant to buy rent-default insurance, caps the additional guarantee at 1 month in temporary lets, requires a real reason for a temporary let and makes clear you cannot be charged any contract management cost.

Is the automatic renewal of rental contracts (RDL 28/2026) still coming?

No. RDL 28/2026 was due to apply from 15 November, but the Standing Committee of Congress repealed it on 12 November. The extraordinary extension of up to 2 years in RDL 29/2026 stays for contracts in force on 8 October that meet its conditions: you must ask for it and be up to date with rent, among others.

Official source: congreso.es

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