The legal uncertainty shakes the rental market in Spain again. The regulatory changes driven by the Government, the parliamentary rejection of the first housing decrees, and the call for general elections on November 29 have caused a wave of inquiries in the offices of lawyers specialized in real estate law.
Landlords and tenants are seeking answers on issues such as the duration of contracts, extraordinary extensions, or the rights acquired during the validity of the previous regulations. However, the lack of clarity about the future of the regulation is complicating legal advice and leading some agencies to postpone operations.
According to Antena 3 Noticias, several law firms acknowledge that they are having difficulties providing definitive answers to their clients in light of the successive legislative changes and the possibility that the new texts will be submitted to the Permanent Deputation of Congress.
Lawyers warn of the increase in inquiries and legal insecurity
The situation has led to an increase in requests for advice from both landlords and tenants. Carla Martí, a lawyer specialized in real estate law, has confirmed to Antena 3 that inquiries have multiplied due to doubts about which measures remain in force and which could disappear.
"Legal inquiries have increased, both tenants and landlords constantly ask us what they should do now," explains the lawyer.
One of the most concerning issues is what happens to people who requested an extension of their contract when the previous regulation was in force. Martí argues that the measures validly applied during that period maintain their effects, although the specific circumstances of each contract may be decisive.
In addition to the doubts about acquired rights, there is a debate about the parliamentary processing of the new decrees. The Government aims to achieve their validation through the Permanent Deputation, the body that maintains certain functions of Congress during the periods of dissolution of the Cortes.
The civil lawyer Pablo De Palacio has questioned, in statements reported by Antena 3, the legal certainty of approving substantially similar regulations to those previously rejected. In his opinion, this situation could provoke new constitutional controversies.
Nevertheless, the constitutionality of the decrees is not resolved by those legal opinions. The Government defends the possibility of approving new urgent provisions and subjecting them to validation according to the mechanisms provided in the Constitution.
More than 4,200 homes out of rental and 1,523 contracts paralyzed
The uncertainty is also having consequences on the activity of real estate agencies. According to data from the National Federation of Real Estate Associations (FAI), 4,235 homes have left the usual residential rental market since the announcement of the measures.
The employers' association also estimates 1,523 contracts whose formalization has been suspended or postponed, a situation that affects both owners who intended to rent their properties and people who were looking for a home.
The breakdown of FAI data reflects that 2,067 homes would have been directly withdrawn from the offer, 1,224 would have moved to the buying and selling market, and another 944 would be offered through temporary rentals or room rentals.
These figures come from information collected by the federation among the participating real estate agencies and should be interpreted as sector indicators, not as an official count of the entire Spanish market.
The organization warns that the activity of usual rentals could decrease by between 25% and 30% during the coming weeks if the current scenario of uncertainty continues.
Owners choose to sell or wait before renting
One of the main effects pointed out by real estate agencies is the change in behavior of some owners, who would be delaying the publication of ads or the signing of new contracts until they know what regulation will be definitively applied.
Ramón Balsells, head of Grup Balsells, explains in statements collected by Antena 3 that some landlords have decided to temporarily withdraw their homes from the market. Others, he notes, have opted to put them up for sale or allocate them to seasonal and vacation rentals.
This situation adds difficulties to a market characterized by the scarcity of supply in numerous cities and the pressure on prices, especially in large capitals and their metropolitan areas.
For those seeking housing, the postponement of contracts represents an added difficulty. For owners, doubts focus on possible extensions, the limits of rent updates, and the conditions for recovering the property at the end of the lease.
What happens now with the housing decrees
The two new texts approved by the Government are included in the royal decree-laws 28/2026 and 29/2026, published in the Official State Bulletin on October 7.
The Royal Decree-law 29/2026 came into force generally on October 8 and introduces measures related to rental contracts, rent updates, and tenant protection.
For its part, Royal Decree-law 28/2026 establishes November 15 as the effective date for the new rules on extensions and certain compensations for non-renewal.
However, both decrees remain subject to the parliamentary validation procedure, a circumstance that is particularly relevant following the dissolution of the Cortes due to the early elections. Therefore, specialists recommend reviewing each contract individually, considering its signing date, communications between the parties, and the regulations in force at the time of each procedure.
The immediate problem is no longer limited to the content of the reforms, but also to the uncertainty about their continuity. While the parliamentary scenario is resolved, real estate agencies warn of postponed operations and law firms face an increase in inquiries from owners and tenants who need to know what rules affect their contracts.