New rental rules in Spain: what applies now — and what doesn't?

Over the past few days, many reports have appeared about major changes to the Spanish rental market. Longer tenancy agreements, new rules for temporary lets and more protection for tenants: a lot seemed set to change in a short time. But a significant part of those announced changes will ultimately not go ahead.

On 2 October 2026, the Spanish Congress rejected the two new housing decrees. For Dutch and Belgian homeowners and buyers in Spain, that raises an important question: what actually applies now?

These new measures will not go ahead

The additional tenancy extensions, the announced automatic further extension of residential leases and the additional restrictions from the rejected decrees have not remained in force. The repeal has been recorded in the Spanish Official State Gazette. So these are not just plans that never took effect: the emergency decrees were briefly in force and were subsequently repealed.

News articles from before the vote may therefore give an outdated picture. A general nationwide maximum term of exactly twelve months for temporary lets cannot be derived from this coverage as an applicable rule.

Read also: Spain rejects new housing decrees — what does this mean for your property?

What still applies?

The rejection of the new decrees does not mean that renting in Spain is unregulated. Existing Spanish tenancy law remains the starting point. Distinguish between regular residential leases as a main residence, temporary lets and tourist rentals.

Long-term rental as a main residence

For regular residential leases, the existing Ley de Arrendamientos Urbanos (LAU) in principle provides that a contract agreed for a shorter term is renewed annually up to a protected term of five years with a private landlord or seven years with a legal entity. The tenant can choose not to renew; there are also statutory exceptions.

So not every contract is concluded for five or seven years from the outset. It is about statutory protection and renewal options. This system already existed before the now-rejected proposals. For an existing contract, also have it checked which legal regime applied on the contract date.

Rent increases are regulated

An annual rent increase cannot be applied without limits at the landlord's own discretion. Contractual agreements and statutory limits determine whether and how the rent can be adjusted. In officially designated zonas de mercado residencial tensionado, additional restrictions may apply, including when setting the rent for a new contract.

The exact situation depends on factors such as the type and date of the contract, the landlord, the property and the location. Any regional or local regulations must also be taken into account.

Temporary rental is not the same as permanent rental

Temporary rental has a different purpose from regular rental as a main residence, for example a stay for a defined period of study or work. Simply calling a contract ‘temporary’ is not enough to circumvent regular tenant protection. The actual use and a demonstrable temporary reason remain important.

Have the contract drawn up correctly from a legal point of view and make sure it reflects the actual situation. The name of the contract or the chosen term alone gives no certainty about the applicable rental regime.

And what about holiday rentals?

Holiday or tourist rentals are yet another separate category. National obligations, rules of the autonomous region and the municipality, and the conditions of the comunidad de propietarios (owners' association) may all play a role.

Do you want to buy a property with a view to renting it out? Check before the purchase whether tourist rental is possible for that specific property and at that location. Have any licences, registrations and permissions checked as part of this. An existing rental listing or an attractive resort is no guarantee that you yourself may rent it out to tourists.