For just over a month, thousands of tenants were able to request an extraordinary extension of up to two years in their rental contract. Then Congress laid down the rule. And that's where the real problem started: what about who requested the extension when it was still legal? Owners and tenants are facing and the courts will have the last word. If you're in that situation, this is what you need to know.
What was the Royal Decreto- law 8 / 2026
The Royal Decree-Law 8 / 2026 of 20 March, introduced two extraordinary measures for the rental of regular housing:
- One extraordinary extension of up to two yearsat the request of the tenant for contracts to be concluded before 31 December 2027. The owner was forced to accept itwith the exception of exceptions (need to occupy the housing, new contract or agreement of other conditions).
- One 2% limit for the annual update of the income during the same period, applicable in any case when the lessor was a large holder.
The 22 March 2026 and, like every decree - law, it should be approved by Congress within 30 days.
Why is it no longer in force
He didn't get over that procedure. The 28 April 2026the plenary session of the Congress rejected its validation with 177 votes against (PP, Vox and Junts). The derogation agreement was published in the 30 April 2026.
Result: the decree was formally in force only 37 days and today no longer part of the scheme. For any new situation:
- Not available the extraordinary extension of two years.
- Not applicable to the future the extraordinary ceiling of 2%.
- The Urban Leases Act (LAU) is again governed in its ordinary system: minimum duration of five years (seven if the lessor is a legal person), mandatory extensions to complete that period and tacit extension of three years if no party reports otherwise.
The real conflict: what if I asked for the extension when it was legal?
Here's the problem that the offices have filled. Many tenants requested the extension during the 37-day period. Is that right maintained or faded by the derogation? Jurists are divided, and it will be the courts that set the criterion. In an orientation, several scenarios should be distinguished according to dates:
1. Contract already expired and extension applied during the period of validity. If the contract ended within that period and the extension came to an effect while the rule was alive, it is the strongest position for the tenant. The income updates already applied with the 2% cap During the period of validity they should not be reviewed retroactively.
2. Extension requested during the period of validity but with expiry after the derogation. It's the most disputed case. One interpretation argues that the law was validly born when it was requested and must be respected; another argues that, in the failure to validate the rule, it cannot produce future effects. There is no single answer: it will depend on the circumstances and the judicial approach.
3. Post-derogation maturity without prior application. Without regulatory coverage: the owner can no longer be imposed an extraordinary extension. Right the ordinary LAU.
4. There is an express agreement between the parties. If a tenant and tenant agreed in writing to the renewal, extension or new contract, the compulsory force no longer arises from the repealed decree, but of the agreement itselfwhich remains fully valid.
What to do according to your situation
If you are a tenant and requested the extension:
- Locates the exact date of your application and of the termination of the contract, and it retains the proof of the shipment (burofax, mail with acuse, etc.).
- Do not miss your right without an analysis: in the cases of group 1, and in many of group 2, there are solid arguments.
If you own:
- Before you refuse a request for an extension in time, you value the risk: a hasty refusal can end up in court proceedings.
- Check if there was any express pact, because it would completely change the answer.
In terms of rent, a few days difference in dates can fully reverse the result. It's a land where you should not improvise.
Frequently asked questions
Can I now call for an extraordinary two-year extension? No. Since the repeal (published in the BOE on 30 April 2026), it can no longer be requested. The regular system of the AU applies.
I asked for the extension when the decree was in force. Is it still worth it? It depends on the dates and circumstances. If you had already deployed effects during the exercise, your position is strong. If the expiry is after the derogation, it is a question of discussion to be decided by the courts.
Do I have to return what I saved with the 2% cap? No. The income updates applied with that limit during the rule are valid and are not reviewed backwards.
What law now regulates my rent? The Urban Leases Act in its ordinary system, which is fully in force without any additional rules.
