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2% rent cap and lease extension: Spain RDL 8/2026 repealed | BMC

Real Decreto-ley 8/2026 (2% rent cap and extraordinary lease extension) was not validated by Congress and was repealed with effect from 30 April 2026. What it provided, what remains and what applies now.

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Topic: rent increase Spain 2026

Update of 22-10-2026. This page presented Real Decreto-ley 8/2026 (a Spanish Royal Decree-law) as in force and dated it 24 March. It is dated 20 March 2026, and Congress did not validate it: it agreed to repeal it on 28 April 2026 (BOE of 30 April). It was in force from 22 March to 29 April 2026.

What Real Decreto-ley 8/2026 provided

Extraordinary extension (art. 1). For main-residence leases in force on 22 March 2026 whose mandatory extension (art. 9.1 of the LAU, the Urban Leases Act) or tacit extension (arts. 10.1 and 10.2) ended before 31 December 2027, the tenant could ask for an extraordinary extension in yearly periods, up to two more years, on the same terms. The landlord had to accept it, except in the cases the decree itself provided for.

2% cap (art. 2). For annual rent updates falling due between 22 March 2026 and 31 December 2027: if the landlord was a large holder (gran tenedor), the increase could not exceed 2%, even by agreement; with any other landlord, failing an agreement, it could not exceed 2% either.

What remains and what applies now

What remains. The repeal does not apply backwards: what was done while the decree was in force is not undone automatically. If you asked for the extension or the cap was applied between 22 March and 29 April 2026, it is advisable to have your case checked.

The October 2026 measures. Real Decreto-ley 29/2026, of 6 October, in force since 8 October, provides for a new extraordinary extension (fifth final provision) for leases ending before 31 December 2028, subject to conditions. Real Decreto-ley 28/2026, of the same date, amends the Urban Leases Act (LAU) from 15 November 2026. As of the date of this update, Congress has not yet ruled on their validation.

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