Can the landlord raise the rent in September? This is the applicable legal limit.

September marks the return to routine for many tenants, but also the moment when some rental contracts reach a new annual period. It is then that common doubts arise: Can the landlord raise the rent? How much can it increase?

The answer depends on the date the contract was signed and the update clause included in it. Following the repeal of Royal Decree-Law 8/2026, which had temporarily established an extraordinary limit of 2%, that cap no longer applies to the revisions due in September. The regime that is back in effect is the ordinary one provided for in the Urban Leasing Law.

For rental contracts for habitual residences signed since May 26, 2023, the reference is the Housing Rental Reference Index (IRAV). The latest data published by the National Institute of Statistics is from July: 2.49%, the highest level of the index so far this year.

The IRAV marks 2.49%

The INE published on August 13 the IRAV corresponding to July 2026. The indicator stood at 2.49%, compared to 2.44% in June and 2.48% in May.

This index was created by the Law 12/2023 on the right to housing as a reference for the annual update of housing rental contracts and aims to prevent disproportionate increases in rents. The Housing Law itself incorporated an additional provision into the LAU that tasks the INE with defining this index as a reference limit for updates.

Therefore, if a contract signed after May 26, 2023 needs to be updated in September and is required to use the IRAV, the last published data before that revision is the 2.49% from July, although the INE will publish the August data on September 15.

What does it mean for a rent of 1,000 euros?

If the full 2.49% applies, a rent of 1,000 euros would rise to 1,024.90 euros per month.

In the case of a rent of 1,000 euros, the update would mean 24.90 euros more per month, or 298.80 euros additional per year.

What happened to the 2% cap?

The 2% that has been mentioned in recent months is no longer the current limit for September.

The Government approved in March Royal Decree-Law 8/2026, which established an extraordinary cap of 2% for the annual updates of housing contracts. The measure distinguished between large holders and the rest of the owners, but Congress rejected its validation on April 28. As a consequence, the regulation ceased to take effect and the extraordinary limitation can no longer be used for subsequent updates.

This is especially important to avoid a common confusion: that a contract is updated in September 2026 does not mean that the landlord is limited to 2%. That percentage corresponded to a regulation that was temporarily in force but was repealed.

Since then, the general regime applies again.

Not all contracts use the IRAV

The date of signing the contract is one of the keys. Contracts for habitual housing signed from May 26, 2023 are subject to the new update system and have the IRAV as a reference. Law 12/2023 introduced this index precisely for the annual updates of these contracts.

In contrast, for contracts prior to that date, one must look at what update mechanism was agreed upon in the contract. If the clause establishes the update according to the CPI, it will be the CPI that determines the increase, within the corresponding legal limits. The information from consumer administrations themselves distinguishes between contracts prior to the Housing Law and those after.

That is why it is not correct to state that all rentals in Spain now have a limit of 2.49%. That percentage corresponds to the IRAV and is used for the contracts to which this regime is applicable.

Without an update clause, there is no increase

There is another fundamental check that the tenant must make before accepting an increase.

Article 18 of the Urban Leasing Law establishes that the rent can only be updated on the date when each year of the contract's validity is fulfilled and under the terms agreed by the parties. If there is no express agreement for an update, no rent update applies.

That is to say, the owner cannot unilaterally decide that they want to charge more simply because the cost of housing has increased.

There must be a clause that allows for the rent to be updated and the corresponding annuality of the contract must have been fulfilled.

Neither retroactively

The communication of the update also matters. The LAU establishes that the updated rent will be enforceable from the month following the one in which the update is notified in writing. The communication must express the percentage of alteration applied and the tenant can demand the corresponding certification from the National Institute of Statistics.

Therefore, if a contract reaches an annual term in September, the owner must correctly communicate the update. They cannot automatically claim previous months that have not been updated.

What data should be looked at?

As of August 17, the latest available IRAV is that corresponding to July 2026: 2.49%. The INE calendar establishes that the August data will be published on September 15.

For a review that corresponds in September, therefore, the data published before the beginning of the month is 2.49%. However, the specific application of the update must be verified according to the exact date of the contract review and the agreed clause.

The practical rule is simple: first, look at the date of the contract; then, the update clause; and finally, the corresponding index.

In summary: how much can the rent increase?

• Contracts for habitual residence signed since May 26, 2023: the IRAV is the reference and the last published data, corresponding to July, is 2.49%.
• Contracts prior to May 26, 2023: the mechanism provided in the contract must be applied, usually the CPI when agreed upon.
• Contracts without an update agreement: the rent cannot be updated during its validity.
• The extraordinary limit of 2% of Royal Decree-Law 8/2026: is not in force after its non-validation by Congress.

The landlord can update the rent in September if the contract allows it and the corresponding annual term is fulfilled, but cannot do so by arbitrarily applying any percentage. The date of signing the contract and the update clause are what determine which limit must be respected.