Tenant Rights and Protection Measures Under New Spanish Housing Law

Key Takeaways

• Decree 29/2026 (the "Maricarmen Decree") introduces significant protections for tenants, including limits on rent increases and evictions.
• Protections obtained, such as contract extensions or new agreements signed while the law is in force, remain valid even if the decree is repealed later by a new government.
• Tenants are strongly advised to document all requests, particularly extensions, via certified mail (burofax).

Housing Protections and Contract Rights

• Contract Extensions: Extensions requested before any potential repeal remain binding. The decree validates prior extension requests.
• Room Rentals: New room rental contracts now receive a minimum five-year duration, providing stability. Total rent for individual rooms cannot exceed the price of the entire dwelling.
• Rent Controls: If rent exceeds the government reference index, increases are frozen upon renewal. If within the index, annual increases are capped at 2%.
• Temporary Contracts: Contracts labeled as "temporary" to bypass tenant protections can be challenged if the living situation is effectively permanent.

Evictions and Vulnerability

• Eviction Moratoriums: Evictions are suspended for vulnerable families if the landlord owns three or more properties.
• Defining Vulnerability: Social Services determine vulnerability, typically based on a net household income below 1,800 euros per month, adjusted for family size.
• Landlord Claims: If a landlord cites personal/family need to terminate a contract, the tenant can demand proof of that necessity to prevent summary eviction.

Financial Claims and Enforcement

• Broker Fees: Charges for "non-essential services" are only legal if specifically requested by the tenant in writing; otherwise, they are reclaimable.
• Deposit Limits: Deposits cannot exceed one month’s rent; any excess paid as a deposit is reclaimable.
• Practical Advice: Tenants facing issues should seek support from housing advocacy groups or tenant unions, which provide collective legal and strategic resources.