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Royal Decree-law 28/2026
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LegislationES

Royal Decree-law 28/2026

Spanish residential-lease renewal decree setting commencement for November 2026 and distinct five- and seven-year terms.

Royal Decree-law 28/2026 provides new residential-lease renewal terms in Spain, with its published text setting commencement for 15 November 2026.

Last refreshed: 22 October 2026

Key Question

Which leases would receive five-year renewals, and which would receive seven?

Timeline for Royal Decree-law 28/2026

#15 7 Oct
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Background

Royal Decree-law 28/2026 addresses the continuity of ordinary residential leases in Spain. Its text amends article 10 of the Urban Leases Law, covering renewal, notice and compensation when a landlord ends the relationship. The decree distinguishes individual landlords from legal persons. Exceptions and transitional provisions determine how the scheme applies to an existing tenancy.

Under Spain's Constitution, a decree-law is an emergency legislative instrument adopted by the government and subject to parliamentary scrutiny. Article 86 sets a 30-day deadline for a decision on validation or repeal. Royal Decree-law 28/2026 has a narrower subject than the accompanying housing and tax package in Royal Decree-law 29/2026.

Key Issues
Residential leases

Renewal terms depend on landlord status

Royal Decree-law 28/2026 appeared in the official gazette on 7 October 2026, with commencement set for 15 November. Its renewal provisions formed part of the government's reissued rental package. The text provides successive five-year terms, or seven years where the landlord is a legal person.

Under that October text, a landlord generally gives six months' notice to decline renewal, while a tenant gives two. Landlord non-renewal generally requires compensation, subject to exceptions and transitional rules. The decree therefore ties continuity to notice, landlord status and the circumstances of the tenancy.

Common Questions

Renewal terms depend on landlord status

When does RDL 28/2026 say it takes effect?
Its final provision sets 15 November 2026. Publication of the decree does not establish a later parliamentary validation result.Source: Boletín Oficial del Estado
What renewal periods does RDL 28/2026 provide?
The text provides successive five-year terms, or seven years where the landlord is a legal person, subject to notice and other statutory rules.Source: Boletín Oficial del Estado
How can a landlord decline renewal under the decree?
The text allows valid notice and generally requires compensation. It specifies exceptions and transitional treatment, so neither renewal nor compensation is unconditional.Source: Boletín Oficial del Estado
Source Material

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 22 October 2026. Editorial standards.