The Spanish Government has approved Royal Decree-Law 8/2026 of March 20, published in the Official State Gazette (BOE) on March 21, 2026, and effective as of the following day. The regulation introduces new measures applicable to primary residence lease agreements governed by Law 29/1994 that were in force when the decree-law entered into effect.

Among the main changes is the introduction of an extraordinary extension of up to two years for lease agreements whose mandatory or tacit renewal periods expire before December 31, 2027.

During this extension period, the existing terms and conditions of the lease agreement will remain unchanged, unless otherwise agreed by the parties or in cases where the landlord needs to recover possession of the property under the applicable legal provisions.

The regulation also establishes a cap on annual rent updates for lease agreements whose renewal date falls between the decree-law’s entry into force and December 31, 2027. In the absence of an agreement between the landlord and tenant, the rent increase may not exceed 2%. This limit will also apply when the landlord qualifies as a large-scale property owner under current legislation.

EMS remains available to review the current status of each primary residence lease agreement and assess how these measures may affect lease terms, duration, and rent updates, providing assistance in determining the specific application of Royal Decree-Law 8/2026 in each individual case.

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