Lease extensions in Spain in 2026: every option and how to answer
Mandatory, tacit and extraordinary: how long the tenant can extend your lease, when you can refuse and what the October 2026 decrees change.
With the LAU in force and RDL 29/2026 as published in the BOE on 7 October 2026.
boltShort answer
Your tenant can extend the lease in several ways: the mandatory extension up to 5 years (7 if the owner is a company), the tacit extension of up to 3 more years if nobody gives notice in time, and three extraordinary extensions. The newest, under RDL 29/2026, in force since 8 October, allows up to 2 more years if the lease's extension ends before 31 December 2028 and the tenant is up to date with rent.
In almost every case the extension is compulsory for you. What you do control is timing: give notice on time and document every communication.
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Start freeIndicative result based on the texts published in the BOE on 7 October 2026. Not a substitute for legal advice.
The 5 lease extensions at a glance
From the most common to the newest. In a stressed zone, the LAU article 10.3 extension takes precedence over RDL 29/2026.
Mandatory (LAU art. 9)
When it applies
While the lease has not reached 5 years (7 if the owner is a legal entity).
Length
Yearly, up to 5 or 7 years.
Can you refuse?
No. You can only take the home back for your own or family use if you are an individual, the lease provided for it, the first year has passed and you give 2 months' notice.
Tacit (LAU art. 10.1)
When it applies
After the mandatory period, if nobody gives notice: the owner 4 months ahead, the tenant 2.
Length
Yearly, up to 3 more years.
Can you refuse?
Yes, by notifying non-renewal at least 4 months before expiry.
Vulnerability (LAU art. 10.2)
When it applies
At expiry, if the tenant proves vulnerability with a social services report from the last year.
Length
Up to 1 year.
Can you refuse?
Only compulsory if you are a large holder, unless you sign a new lease.
Stressed zone (LAU art. 10.3)
When it applies
At expiry of a lease on a home in a declared stressed zone, if the tenant requests it.
Length
Yearly, up to 3 years.
Can you refuse?
No, except by agreement, a new lease within the rent limits, or a need notified under article 9.3.
RDL 29/2026 extraordinary
When it applies
Primary-residence leases in force on 8 October 2026 whose mandatory or tacit extension ends before 31 December 2028, with the tenant up to date with rent for the previous 8 months.
Length
Yearly, up to 2 years.
Can you refuse?
No, except by agreement, a new lease, a renewal with rent at least 5% lower, or a real and documented need for the home.
| Extension | When it applies | Length | Can you refuse? |
|---|---|---|---|
| Mandatory (LAU art. 9) | While the lease has not reached 5 years (7 if the owner is a legal entity). | Yearly, up to 5 or 7 years. | No. You can only take the home back for your own or family use if you are an individual, the lease provided for it, the first year has passed and you give 2 months' notice. |
| Tacit (LAU art. 10.1) | After the mandatory period, if nobody gives notice: the owner 4 months ahead, the tenant 2. | Yearly, up to 3 more years. | Yes, by notifying non-renewal at least 4 months before expiry. |
| Vulnerability (LAU art. 10.2) | At expiry, if the tenant proves vulnerability with a social services report from the last year. | Up to 1 year. | Only compulsory if you are a large holder, unless you sign a new lease. |
| Stressed zone (LAU art. 10.3) | At expiry of a lease on a home in a declared stressed zone, if the tenant requests it. | Yearly, up to 3 years. | No, except by agreement, a new lease within the rent limits, or a need notified under article 9.3. |
| RDL 29/2026 extraordinary | Primary-residence leases in force on 8 October 2026 whose mandatory or tacit extension ends before 31 December 2028, with the tenant up to date with rent for the previous 8 months. | Yearly, up to 2 years. | No, except by agreement, a new lease, a renewal with rent at least 5% lower, or a real and documented need for the home. |
Mandatory and tacit extensions: what the LAU says
If the lease was signed for less than 5 years (7 if the owner is a legal entity), it is compulsorily extended every year until it reaches that length. The tenant can leave at each yearly expiry with 30 days' notice; you cannot block the extension.
The only way out is the article 9.3 need: if you are an individual, the lease expressly provided for it and the first year has passed, you can take the home back for yourself, first-degree relatives or your spouse after a separation or divorce, with 2 months' notice. If you do not move in within 3 months, the tenant can return or claim compensation.
When the mandatory period ends, if neither party notifies non-renewal (you 4 months ahead, the tenant 2), the lease is extended yearly for up to 3 more years. During that time the tenant can leave with one month's notice.
The RDL 29/2026 extraordinary extension, point by point
In force since 8 October 2026 (final provision five). What you need to know as an investor:
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Which leases it covers
Primary-residence leases in force on 8 October 2026 whose mandatory extension, tacit extension or tacit renewal ends before 31 December 2028.
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What the tenant must meet
Be up to date with rent and have paid every month for the previous eight months. The extension only applies if the tenant requests it.
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How you must answer
The request must be accepted. The rule sets no form and no deadline to request or answer it, so reply in writing and keep proof.
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When you can refuse
If you agree other terms, sign a new lease, renew or sign a new one with rent at least 5% lower, or if you have a real and documented need for the home for yourself or your family, notified as article 9.3 provides, even if the lease did not include it.
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During the extension
The lease terms stay the same, and the annual update remains capped at 2% until 31 December 2027. Requests made under RDL 8/2026, between March and April, remain valid without being repeated.
how_to_vote The Standing Committee must vote on RDL 29/2026 before mid-November; no date has been set. PNV has announced its support, which would be enough to validate it. If it were not validated, this extension could no longer be requested, as happened in April with RDL 8/2026 and on 2 October with RDL 26/2026.
Your tenant requests the extension: how to answer
Five checks before you reply:
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1
Confirm it is the tenant's primary residence and that the lease was in force on 8 October 2026.
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2
Check when the mandatory or tacit extension ends: if it is before 31 December 2028, the lease falls under RDL 29/2026.
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3
Review the last eight months of payments: if any was late, the tenant does not meet the condition.
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4
Check whether the home is in a stressed zone: there, the LAU article 10.3 extension of up to 3 years takes precedence.
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5
If no exception applies, accept in writing and record the new end date. If you rely on one, document it and talk to a lawyer before replying.
Every expiry and every notice, on time
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If you do not want to renew: notice today and under RDL 28/2026
Today, to prevent the tacit extension, you must notify non-renewal at least 4 months before expiry. The law requires no specific form, but a burofax with certified content and acknowledgement of receipt gives you proof of the content and the date.
If RDL 28/2026 is validated, from 15 November 2026 leases that have reached 5 years (7 for a legal entity) will renew automatically for equal periods: notice will rise to 6 months and not renewing will cost compensation of at least 12 months' rent, with exceptions. If your lease has less than 6 months left on 15 November, the transition rules still allow 4 months' notice.
Everything about Spain's 2026 housing decrees arrow_forwardFrequently asked questions about lease extensions
How long can my tenant stay? expand_more
At least until the lease reaches 5 years (7 for a legal entity), plus up to 3 years of tacit extension if nobody gives notice in time. Extraordinary extensions can be added: up to 2 years under RDL 29/2026, or up to 3 in a stressed zone.
Can I refuse the RDL 29/2026 extraordinary extension? expand_more
Only in the listed cases: agreement on other terms, a new lease, a renewal with rent at least 5% lower, or a real and documented need for the home for yourself or your family.
How must the tenant request it? expand_more
The rule sets no form and no deadline. The usual way is a written notice before expiry, with proof of the date.
What about requests made under RDL 8/2026? expand_more
RDL 29/2026 treats them as valid without repeating them. When that extension ends, any new request falls under RDL 29/2026.
Does the rent go up during the extension? expand_more
The lease terms stay the same, including its update clause, with the 2% cap on updates until 31 December 2027.
How much notice do I need to give if I do not want to renew? expand_more
Today, at least 4 months before expiry. If RDL 28/2026 is validated, it will be 6 months for expiries from 15 November 2026, with a transition rule for leases with less than 6 months left.
What if the tenant is behind on rent? expand_more
They do not meet the RDL 29/2026 condition, which requires being up to date and having been so for the previous eight months. The LAU extensions follow their own rules.
What if RDL 29/2026 is not validated? expand_more
It would be repealed and this extension could no longer be requested. The effect of requests made while it was in force could be disputed, as happened with earlier decrees: talk to a lawyer.
Official sources
- BOE: Urban Leases Law 29/1994, consolidated text.
- BOE-A-2026-20823: Royal Decree-law 29/2026 (extraordinary extension, final provision five).
- BOE-A-2026-20822: Royal Decree-law 28/2026.
- BOE: Housing Law 12/2023.
- idealista/news: PNV support for the first decree and the validation deadline (7 October 2026).
This guide is informational and does not replace advice from a lawyer or gestor.
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