Rental Stability Decree Repealed: What Changes for Landlords and Tenants in 2026

Key data

The tenant protection measures that the Government approved on 6 October 2026 have become void. The Permanent Delegation of the Congress of Deputies, in session on 12 November 2026, refused to validate the Royal Decree-Law 28/2026, which automatically triggers its repeal under article 86.2 of the Spanish Constitution, which requires that every decree-law be ratified by Congress within a maximum period of 30 days.

The result is immediate: as of 13 November 2026, the date the Resolution was published in the BOE, the urgent measures to strengthen the stability of habitual residence rental contracts cease to have legal validity. The residential rental market in Spain returns to the regulatory framework prior to October 2026.

What does this regulation establish?

The Congress Resolution does not create new rules: it eliminates those that RDL 28/2026 had introduced. The constitutional mechanism is clear: a decree-law is an urgent regulation that the Government can approve without going through the ordinary legislative process, but it needs Congress to validate it within 30 days. If it does not, the regulation is repealed as if it had never existed.

The tenant protection measures contained in RDL 28/2026 cease to apply from the date of publication of the repeal. This affects both contracts signed during the decree's validity and negotiations that were being conducted under that legal umbrella.

Economic and operational impact

The repeal creates a scenario of legal uncertainty in the residential rental market with direct practical consequences:

• Contracts signed between 6 October and 12 November 2026: those executed under the protection of RDL 28/2026 may be left in a complex legal situation, as the agreed conditions under a repealed regulation may be subject to controversy.
• Ongoing negotiations: any contract negotiation that was being conducted under the decree's conditions must be reviewed to adjust to the previous regulatory framework.
• Landlords: recover the legal position they held before 6 October 2026, without the additional restrictions that the decree introduced to strengthen tenant stability.
• Tenants: lose the additional protections that the decree granted them, which may affect their negotiating position and the security of their ongoing contracts.

The real economic impact will depend on the specific content of the repealed measures and the particular situation of each contract. Legal uncertainty is itself a cost: it requires reviewing contracts, consulting with advisors and, in some cases, renegotiating terms.

Who does it affect?

• Landlords of habitual residence rental properties in Spain: recover the regulatory framework prior to the decree, but must review contracts signed during the validity of RDL 28/2026.
• Tenants with habitual residence rental contracts: lose the additional protections that the decree granted them from 6 October 2026.
• Developers and residential asset managers: must update their contract models and portfolio management criteria.
• Legal advisors and property administrators: need to inform their clients of the change in framework and review contracts executed during the decree's validity period.
• Real estate agencies: must update the contract models they use in their residential rental operations.
• Investment funds and REITs with residential rental assets: must assess the impact on their portfolio and existing contracts.

Practical example

A landlord who signed a habitual residence rental contract on 20 October 2026 —during the validity of RDL 28/2026— included in the contract specific stability clauses that the regulation allowed or required. As of 13 November 2026, those clauses are supported by a repealed regulation.

In this case, the landlord and tenant face a situation of uncertainty: are those clauses still valid? Is the previous framework applied retroactively? The answer will depend on the legal interpretation that courts make of the effects of the repeal on already perfected contracts. The immediate recommendation is to consult with a legal advisor specialized in rental agreements to determine the validity of the agreed conditions and, if appropriate, execute an addendum that adapts the contract to the current regulatory framework.

What should landlords and tenants do now?

1. Identify contracts signed between 6 October and 12 November 2026: these are the ones executed under RDL 28/2026 and may present greater legal uncertainty.
2. Review contractual clauses: determine what conditions were agreed under the repealed decree and whether they remain valid under the previous regulatory framework.
3. Consult with a legal advisor specialized in rental agreements: the repeal raises doubts about the validity of certain clauses in already signed contracts that only a professional can resolve on a case-by-case basis.
4. Update contract models: landlords, agencies and managers must remove any reference to RDL 28/2026 from their contract templates and adapt the conditions to the current regulatory framework.
5. Communicate the change to affected parties: property administrators and advisors should proactively inform their clients about the change in framework to avoid future conflicts.
6. Monitor possible new legislative initiatives: the repeal does not close the political debate on rental stability; new regulatory proposals are likely to be presented in the coming months.

Official source

Consult full regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23754