Renting in 2026: what you can and cannot be asked

Two texts govern a main-home rental in 2026: the Urban Leases Act (Ley de Arrendamientos Urbanos, Ley 29/1994, LAU), which is the underlying rule, and Royal Decree-law 29/2026, in force since 8 October 2026, which adds a cap on rises and an extraordinary extension and rewrites several articles of the Act. The decree awaits validation (convalidación) by the Standing Committee of Congress: if it is repealed, its measures stop applying that day and the Act remains. What is in force today, point by point.

The rent is updated only once a year, on the date each year of the contract is completed, and only if the contract says so (LAU, article 18.1). For updates falling between 8 October 2026 and 31 December 2027, the sixth final provision of RDL 29/2026 adds two rules: if your rent is already above the ceiling of the state reference index system, it does not rise at all; otherwise it rises by whatever you newly agree and, without a new agreement, by at most 2%. On 900 euros a month, 18 euros.

The Act's own limit also still applies: the rise can never exceed the change in the IRAV, the reference index the INE publishes every month (LAU, article 18.1, last paragraph). The lower of the two applies. And the rise is only due from the month after you are notified in writing with the percentage applied (article 18.2).

If your main-home lease was in force on 8 October 2026 and its mandatory or tacit extension ends before 31 December 2028, you can ask for an extraordinary extension in yearly periods, up to two more years, on the same terms. You must be up to date with the rent and have been every month for the previous eight months, and you must ask for it (RDL 29/2026, fifth final provision).

• The landlord must accept it, unless you agree other terms, sign a new contract, or they have given you notice, within the deadlines of article 9.3 of the LAU, that they need the home for themselves or their family with a real, accredited need.
• It does not apply if you agree to renew or sign a new contract with a rent at least 5% lower.
• In a tense residential market area (zona tensionada) the Act's own extension of up to three years comes first (article 10.3).
• If you already asked for the extension under March's decree (RDL 8/2026), it stands without asking again (first transitional provision).

RDL 28/2026, a separate decree with its own vote, changes article 10 of the LAU from 15 November 2026: once five years of contract are completed (seven if the landlord is a company), if nobody gives notice the contract renews for another five (or seven), and so on. The landlord must give six months' notice; the tenant, two. Until that date today's rule continues: after the five years, yearly extensions up to three more if nobody gives notice with four months (landlord) or two (tenant). The detail, with the compensation and its exceptions, is in the guide to the decrees.

• Deposit (fianza): one month's rent in cash, mandatory at signing (LAU, article 36.1). It is not updated during the first five years (seven if the landlord is a company).
• Additional guarantee: it can be agreed, but in contracts of up to five years (seven with a company landlord) it cannot exceed two months' rent, and in no case can you be made to take out rent-default insurance (article 36.5).
• Agency and contract fees: they cannot be passed on to the tenant, directly or indirectly, under any name (article 20.2). Community fees only if the contract says so in writing with their annual amount, and the home's taxes never, unless you are the taxpayer (article 20.1).

• A rise above 2%: reply in writing with the calculation and the reference to the sixth final provision, pay the rent updated up to the cap and keep a copy. Without written notice stating the percentage, the rise is not due.
• To leave when the contract ends: if you meet the conditions, ask for the extraordinary extension in writing before the end date.
• Rent-default insurance, more than two months' guarantee or the agency's fees: they cannot be demanded. You can go to your region's consumer or housing office; the Ministry's free information line is 047.