Spain extends rent controls to 2028 and bans evictions until 2030

Rent extensions for two years and no evictions until 2030

Renting in Spain has stopped being a contract between two parties and become a forced extension with a political expiration date. In October 2026, the Council of Ministers approved a housing package — dubbed Maricarmen decree and split into two texts — which mandates extensions for contracts ending before December 31, 2028, and bans evictions until 2030. The fine print clarifies the announcement: no wealth threshold, as noted in the debate, so a private landlord with one apartment is trapped just like a fund with thousands.

What does the October 2026 housing decree change?

The text arrived split into two decrees to satisfy coalition partners. Negotiations dragged on until morning, forcing a one-hour delay in the Council of Ministers meeting. The headline measure is the extension: any lease expiring before December 31, 2028, is extended for two more years. The second pillar is the eviction ban, which lasts until 2030.

The Executive requested an extraordinary plenary session in Congress to ratify the agreed measures. Until then, the package is an announcement with pending enforcement. And the extension is not optional: if the tenant wants to stay, they stay.

Who does the extension affect: large holders or small landlords?

Here lies the first trap, and it is significant. The decree includes no wealth threshold. This means an owner with two rented apartments is subject to the same mandatory extension as a large holder, a fund, or Sareb. And the census, as pointed out in the debate, does not favor the official thesis: most rental housing is in the hands of small landlords with one or two properties, not shell companies.

Junts called for "protection for small landlords," which would practically miccionan a separate regime below a certain number of properties. Sumar vetoed it. For now, everyone gets the same sauce, with the difference that the fund has lawyers and the private owner has a mortgage.

The 12-month indemnification no one saw coming

According to an update released in the thread on September 30, a landlord who does not renew the contract would have to compensate the tenant with 12 months of rent. Previously, the landlord demanded compensation from a tenant who did not meet a minimum stay period; now the obligation has completely reversed.

The circulating paradox is that a landlord with a delinquent tenant could not evict them, and if they do not extend, they must compensate them. The repeated calculation: a rent of 1,060 euros monthly totals 41,440 euros until 2030. The incentive not to pay, it is argued, does not disappear.

The legal loophole that will take extensions to the courts

ElConfidencial reported that the decrees open a legal loophole threatening to take extensions to the courts. Jurists and lawyers in Congress warn of doubts about which law will remain valid if the second decree falls and the effects during the hours the first is in force. There is concern about legal certainty, the principle of legality, and increased litigation.

Translated: even those who designed the package are not clear about the final text. That, in a lease agreement, is a problem that costs months in court later.

The parliamentary battle: PNV, Junts, and the focus on Congress

Ratification is not guaranteed. The PNV announced it will vote yes to the decree including tax aids and protection against evictions, but will reject the one on automatic rent renewal. All eyes are on Junts, which has the amnesty pending and, according to the circulating analysis, does not benefit from early elections.

Parallelly, it is suggested that the noise might serve to cover other issues of the week. And that a change of government could revoke the package if polls confirm it. Those benefiting, it is claimed, would vote accordingly.

What happens to labor mobility if you cannot rent your apartment

There is a side effect barely discussed. Accepting a better-paying job in another province requires renting your own apartment and renting another at the destination. With the extension and eviction ban, a landlord who moves assumes two simultaneous risks: paying the mortgage on the apartment they cannot recover and the rent where they work. Add the travel for legal procedures.

The conclusion drawn from specific cases, according to a participant, is uncomfortable: moving between provinces becomes unviable for someone with a rented property. The paradox is that the same market meant to be protected loses mobility and adjustment capacity.

With ratification still in the air and focus on parliamentary partners, the most prudent prediction is not that the rules will settle, but that months will pass before knowing what remains. By then, rental market supply will have had time to shrink. And the landlord who was supposed to sustain it, to move on to something else.