Spain’s rental renewals: the first decree was repealed, with a new regime due 15 November

Update on 7 October: Congress validly repealed Royal Decree-law 27/2026 on 2 October. Spain has now published Royal Decree-law 28/2026, a separate measure that again introduces long renewals, six months’ landlord notice and compensation, but with commencement scheduled for 15 November.

The earlier repeal still stands

The 1 October decree took effect and was repealed the next day. That version ceased to form part of the applicable framework. The new reform does not revive it retrospectively; it creates another regime with its own transitional provisions and effective date.

The Royal Decree-law 28/2026 renewals should not be applied before 15 November. The measure also remains subject to congressional validation, so its official status needs another check before a contractual decision is made.

What the later regime provides

After the five-year minimum term, or seven years where the landlord is a legal entity, no notice would lead to another five- or seven-year renewal. The landlord’s notice period becomes six months, while the tenant’s remains two.

A landlord-driven non-renewal may trigger the higher of twelve monthly payments at the individual state reference value or one monthly payment for each year of occupation, subject to statutory exceptions. Valid notices sent before the new decree was published retain their effect and do not trigger this compensation.

What a buyer or landlord should examine

Use the tenanted-home guide to assemble the lease, amendments, rent record, expiry and notices. The purchase-cost calculator cannot decide possession, and the project-budget calculator should compare scenarios without automatically assigning compensation.

If fewer than six months remain when the reform starts, its transitional rule allows four months’ landlord notice. Leases already within the previous annual-extension period continue under that arrangement until it ends. Keep the dates and proof in the file described by the seller-document guide and obtain case-specific advice before promising vacant possession.