In addition to controversy, the approval, in last Friday's extraordinary Council of Ministers of the Royal Decree-Law 8/2026, of March 20, on rental measures in response to the economic and social consequences of the Iran War, has also generated doubts among many tenants and landlords, which have to do, above all, with the way in which this rental extension must be requested and with the consequences of a possible rejection of it in the Congress of Deputies.
At the latest, the regulation will be put to a vote in the Lower House next April 22, and will be in force (with full effect) until that day. Given the risk that it may lapse in the General Courts, tenants must act quickly to inform landlords that they want to avail themselves of this measure, which, according to Sumar's estimates, will affect just over 1 million active rental contracts in Spain, which together cover around 2.7 million people.
Democrat answers 6 key questions about how this extension works and what landlords and tenants must (and can) do.
Whom does it affect?
To all tenants whose housing rental contract expires between the moment of entry into force of the royal decree-law (that is, March 22, one day after its publication in the Official State Gazette) and December 31, 2027.
How should it be requested?
The tenant must communicate to the landlord that he wants to avail himself of the rental extension in the conditions that the recently approved regulation establishes.
What does this rental extension consist of?
An extraordinary extension for annual periods and up to a maximum of two additional years will be established. During this extension, the terms and conditions of the contract in force will be maintained.
Can the landlord deny?
No, the application must be obligatorily accepted by the landlord, unless other terms or conditions have been set by agreement between the parties, or a new lease agreement has been signed, or the landlord has communicated, within the foreseen deadlines and conditions, the need to occupy the dwelling
Can they raise the rent more than 2%?
- In the event that the landlord is a large holder (who owns more than ten urban properties for residential use or a built area of more than 1,500 m2 for residential use, excluding in any case garages and storage rooms) the rent increase will be that resulting from the new agreement between the parties, without the annual variation being able to exceed 2%. In the absence of this new agreement between the parties, the rent increase will be subject to this same limitation.
- In the event that the landlord is not a large holder, the rent increase will be that resulting from the new agreement between the parties. If this does not exist, the rent increase to be applied may not be higher than 2%.
What happens if the decree is not ratified?
Within a maximum period of 30 days from the entry into force of the rental extension (March 22), the royal decree-law must be validated in the Congress of Deputies. To achieve this, the Government needs to receive the support of Junts, the PP or Vox (something that, currently, is far from being achieved).
Given that it is a very feasible possibility that the royal decree-law will not be validated, it is important to underline that, in these 30 days, it is fully in force. Therefore, tenants should inform the landlord that they are availing themselves of this extension during this period (even if their contract does not end in the same). That is to say, even if the validity of their contract ends in the subsequent months of 2026 or during 2027, it is possible to request it now and have it signed for the future.