The rental contracts for months will have to respond from this October 1 to a real and verifiable temporary need of the tenant, while renting a home by rooms will no longer allow charging together more than what would correspond to renting it completely.
The new housing decree incorporates both modalities into the Urban Leasing Law (LAU) and establishes that a temporary contract without a duly recorded cause will lose that consideration and will be subject to the rules of regular rental from the date it was signed.
The Royal Decree-Law 26/2026, published this Wednesday in the BOE and in force since Thursday, October 1, also regulates how long a temporary rental can last, limits the chaining of contracts, and extends the rent restrictions of stressed areas to these modalities. Tourist contracts are excluded from this regime when they meet the conditions established by their specific regulations.
What is a temporary rental and how does it differ from room rental
The new wording of the LAU considers temporary rental to be that which covers the housing need of a person who is temporarily displaced from their usual home for a justified and verifiable cause. It can encompass a complete home or just a room or space, so "temporary rental" and "room rental" are not equivalent categories.
A room contract can be used to cover a need for regular housing or a temporary need. The difference will depend on the use that the tenant will give it and, in the second case, on whether there really exists the cause of temporality required by law. The reform expressly includes the partial rental of a room or space within the legal definition of housing rental.
These contracts should also not be confused with tourist rental. The LAU excludes the temporary transfer of all or part of a furnished home prepared for immediate use when marketed for profit and subject to the corresponding tourist regulations. The new wording also establishes that the maximum duration of these transfers, which will be determined by the competent administrations, may not exceed 31 days.
The cause of the temporary rental must be stated in the contract
As of October 1, the contract must expressly state the reason that motivates the temporary displacement of the tenant, which must be real and verifiable. The burden of proving that this reason exists falls on the landlord.
The regulation does not establish a closed list of reasons that allow the use of this modality. Therefore, situations such as studying for a few months, temporarily relocating for work, or staying in another city during medical treatment may initially respond to a temporary need, but it will be necessary that in each case there is really a displacement from the usual residence and that its cause can be verified. The decree does not automatically convert any of these circumstances into a sufficient title to use a temporary contract.
The consequence of not justifying the temporality will be expressly stated in the LAU. If the contract does not properly foresee a temporary cause, it will lose that nature and will be subject to the regime of habitual housing rental with retroactive effects from its formalization.
Temporary contracts will generally have a maximum of one year
The duration will continue to be agreed upon between the owner and the tenant, but it must exceed 31 days and, as a general rule, may not exceed twelve months. If it is initially signed for a shorter period and the reason that justified the displacement continues when it ends, the parties may agree to an extension.
The decree allows exceeding twelve months when the very reason for temporality persists and justifies it. On the other hand, if the rental exceeds that period without a reason to support it or more than two consecutive temporary contracts are novated or occur between the same parties and regarding the same housing, the first will be understood as a contract for habitual housing. From then on, the minimum terms and extensions corresponding to that modality will also apply.
The tenant will also have a specific possibility of withdrawal. In a temporary contract, they may leave once at least one month has passed since its formalization, provided that they notify the owner at least ten days in advance, without that withdrawal generating the right to compensation for the landlord.
Renting by rooms will not allow charging more than for the complete housing
The new regulation also seeks to prevent the contractual division of a dwelling from circumventing the limits that would correspond to the entire property. When there are several contracts for rooms or stays simultaneously, the sum of all rents cannot exceed the amount of the unit rent of the entire dwelling.
The restriction takes on special importance in areas declared as having a tense residential market. In these areas, the rent corresponding to the entire dwelling —or the sum of the partial contracts when there is no unit contract— must respect the limits established by the LAU for these areas.
The reform thus applies to room rentals the limits that correspond to the dwelling as a whole, but does not establish in the state regulation an identical maximum individual price for each room. What is expressly limited is the sum of the rents charged simultaneously for the different stays.
The autonomous communities can maintain or approve their own regulations in this matter within their competencies. The decree itself states that the new state provisions on temporary and room rentals do not prevent the application of the corresponding regional regulations.
The increase is also limited by chaining temporary rentals
The new regulation prevents the use of successive temporary contracts on the same dwelling to increase the rent without limit between one and the other. When several are celebrated successively, the annual percentage increase of the later ones cannot exceed the Reference Index for the Annual Update of Residential Lease Contracts (IRAV).
This limit is different from the specific rules that apply to new contracts in tense areas. In these territories, the LAU establishes as a general rule that the initial rent cannot exceed the last rent of an active housing contract during the previous five years, once the corresponding update has been applied, with the exceptions provided for by the norm itself. For large holders, the limit of the state system of reference indices also applies when it is lower.
What happens with already signed seasonal and room contracts
The contracts that were already in force before the entry into force of the decree do not automatically become fully subject to the new regime. The rule establishes that, except for certain rules regarding extensions and rent updates, previous contracts maintain the legal regime that was in force when they were signed.
Therefore, a temporary contract signed before October 1 does not automatically turn into a regular rental due to mere legislative change nor is it automatically subject to all the new conditions. When it ends and the parties sign a new contract, this must comply with the regulations in force at that time; if the existing contract is modified, renewed, or extended, it will be necessary to distinguish the operation carried out and the applicable transitional rules, without automatically equating an extension with the signing of a new contract.
What a tenant should check before signing
Anyone who is going to enter into a temporary rental from October 1 must check that the contract expressly identifies the reason that justifies their displacement, in addition to clearly stating the duration and the rent. If the tenant requests that the contract be formalized in writing, the landlord is obliged to do so; the document must identify the parties and the property, as well as include the duration, the initial rent, and the other agreed clauses.
It is also advisable to check the additional amounts that are required. The decree prohibits passing on to the tenant, directly or indirectly, the real estate management and formalization, novation, or renewal costs of the contract, and it also does not allow transferring the taxes associated with the property unless the landlord is legally the taxpayer. Optional services can only be charged to the tenant when they have expressly requested them in writing after being informed of their voluntary nature and their price.
In temporary rentals, the additional guarantee to the deposit that the parties may agree cannot exceed one month's rent, and the owner cannot force the tenant to take out a rent default insurance or similar coverage. When the rental ends, both parties must provide written evidence of the condition in which the property is delivered through a termination document.
A student who relocates during the course, for example, may celebrate a temporary contract if there is indeed that displacement from their usual residence and a verifiable cause is expressly stated. The same rule applies to a person displaced for a few months for work reasons: what matters is not the name that the parties give to the contract, but that there is a temporary need that the LAU requires.
If several people rent different rooms in the same house, each contract can still be independent. However, the owner must respect the overall rent limit set for the entire dwelling and, if the property is located in a tense area, the corresponding additional restrictions.
This is how temporary rentals and room rentals stand
| Type of contract | What changes | How it is justified | Main limits | What happens with existing contracts |
|---|---|---|---|---|
| Temporary housing | It is expressly regulated as a housing lease in the LAU | There must be a real and verifiable cause of temporary displacement from the usual residence | More than 31 days and, as a general rule, up to 12 months; limits on chaining and increases between successive contracts | They retain, with the exceptions provided by the regulation, the regime in force when they were signed |
| Room for usual housing | The LAU expressly includes partial leasing within housing rental | It does not require justifying temporality if it meets a usual housing need | The sum of the simultaneous rents of the rooms cannot exceed the rent of the entire dwelling | The previous ones are not fully and retroactively subject to the new regime |
| Temporary room | It is subject to both the rules of partial rental and those of temporality | There must exist and be stated a real and verifiable cause of temporary displacement | Corresponding temporal and rent limits; additional rules in tense areas | The existing regime on the date of celebration remains as a general rule |
| Tourist rental | It remains outside this regime when it meets the requirements of tourism regulations | It depends on the applicable tourism regulations | The new LAU sets a maximum of 31 days that the competent administrations can establish for these transfers | It is governed by its specific regulations |