Spain Tenancy Law Reform 2026: Royal Decree-law 29/2026 Explained

What changes in Spain's Urban Leases Act after RDL 29/2026: temporary leases, rooms, IRAV, fees, deposits, pre-emption rights and seasonal lets.

Legal review: Gabriel Padilla Franco, ICAE no. 1265 · 15 October 2026

Royal Decree-law 29/2026 of 6 October, published in Spain's Official Gazette (BOE) no. 24 on 7 October 2026, brings the broadest reform of the Urban Leases Act 29/1994 (LAU) in years: its Article 3 amends or adds more than 30 provisions. It affects landlords, tenants, students, relocated workers, letting agents and buyers of tenanted buildings.

This guide explains what has changed, who it affects, what happens to existing contracts and what to check before signing, renewing or claiming. VIP subscribers can download the Spain Rental Guide 2026 PDF at the end.

First: a law still awaiting validation

RDL 29/2026 was issued after Parliament was dissolved and general elections were called for 29 November 2026. Its validation or repeal is decided by the Standing Committee of Congress. In the meantime:

  • Check its current status before signing or renewing.
  • Date every contract, extension and notice precisely.
  • Check regional rules: provisions on temporary leases and rooms apply without prejudice to regional legislation.

Quick summary: 10 key changes to Spain's tenancy law in 2026

  1. The seasonal lease disappears as a non-residential lease.
  2. A new temporary housing lease is created within residential leases.
  3. Room rentals are treated as main-home leases where they meet the tenant's housing need.
  4. Temporary term: over 31 days and generally up to 12 months, with a genuine, proven reason.
  5. More than two consecutive contracts, or over 12 months without reason, turns the first into a main-home lease.
  6. The IRAV index becomes the reference for rent updates; CPI and IGC references are removed.
  7. Management and contract fees under any name, and compulsory rent default insurance, are banned.
  8. Tenants may repair habitability defects and deduct the cost if the landlord does not respond within 15 days.
  9. Pre-emption rights in block sales are strengthened and waivers of the retraction right are abolished.
  10. Deposit: without a signed check-out record, the property is presumed returned in good condition.

1. The end of seasonal leases: the temporary housing lease

Many "seasonal" contracts were used to avoid compulsory extensions of main-home leases. The reform abolishes that category and creates the temporary housing lease: lettings of a habitable property, including a room, to meet the housing need of someone temporarily away from their main home for a justified, provable reason.

Requirements

  • Stated reason: work, study, medical treatment or another genuine cause. Generic wording is not enough.
  • Proof by the landlord: keep the employment contract, enrolment, medical report or equivalent.
  • Term: over 31 days and generally not over 12 months. The minimum term under Article 9 LAU does not apply.