Spanish Rental Law 2026: What RDL 28 and 29 Change

Since October 8, 2026, Spain has had a new rental law, and a second decree arrives by mid-November. If you rent out a property on Mallorca or rent one yourself, you need to track two laws at once right now: RDL 29/2026, already in force, and RDL 28/2026, due to take effect November 15 but still needing parliamentary confirmation on November 12. Spanish rental law for 2026 keeps shifting, and this affects a landlord with a flat in Palma just as much as a tenant whose contract would otherwise end at year's end. This post sorts out what applies today, what is still uncertain and what you should do now.

What has applied since October 8: RDL 29/2026

A Real Decreto-ley is an emergency decree the Spanish government can issue without a prior parliamentary debate, and it takes effect immediately. Parliament must confirm it within 30 days, or it loses its legal effect retroactively. That is exactly what happened to the predecessor decrees RDL 26/2026 and RDL 27/2026: parliament rejected both on October 2, 2026, which led Prime Minister Sánchez to call a snap election for November 29, 2026.

Four days later, the government approved two replacement decrees. RDL 29/2026 was published in the BOE on October 7 and has applied since October 8. Here is what the new Spanish rental law means for tenants and landlords on Mallorca:

• If your rental contract ends before December 31, 2028, you can apply to extend it by up to two more years, as long as you are not behind on rent and have paid regularly for the last eight months. The landlord generally has to agree.
• Seasonal rentals now need a genuine, documented reason for the temporary stay. The contract must run for more than 31 days and, as a rule, no more than twelve months. If there is no such reason, or if the same parties sign more than two consecutive contracts for the same property, the tenancy counts as an ordinary residential rental contract from the start.
• When renting by the room, the sum of the individual room rents cannot exceed the rent for the whole flat.
• Until December 31, 2027, a rent increase cap applies: if the rent is already above the state reference value, no increase at all is allowed. Otherwise, whatever the tenant and landlord newly agree applies, and without an agreement the cap is 2 percent.
• For contracts signed from October 8 onward, the additional deposit (fianza adicional, on top of the standard one-month deposit) is capped at two months' rent for ordinary residential rentals and one month's rent for seasonal rentals. A landlord can no longer require the tenant to take out rent-default insurance.
• Tenants can demand repairs affecting habitability, safety or health in writing, with a cost estimate attached. The landlord then has 15 calendar days to respond, propose an alternative or carry out the work. If the landlord does not respond or refuses without good reason, you can arrange the repair yourself and deduct the documented cost from future rent payments.

RDL 28/2026: What is still uncertain from November 15

RDL 28/2026 would change contract extensions fundamentally: after five years (seven, if the landlord is a company), the contract would automatically extend for a full further period of five or seven years, instead of year by year as now. The landlord would have to announce non-renewal six months in advance instead of four, while the tenant would still only need two months. If the landlord refuses without one of the legal exceptions, such as needing the property for personal use or an already-signed new contract, they would owe the tenant compensation: twelve months' rent, or one month's rent per year of tenancy, whichever is higher.

The catch is that whether any of this applies is only decided on November 12. That day, the Diputación Permanente, a standing parliamentary committee that sits when the full chamber does not, votes on both decrees. The vote comes one day after the nationwide general strike and one day before campaigning starts for the November 29 election. This body has only 69 members instead of the usual 350, and the majorities are razor-thin: the PP, Vox and Junts together hold 34 votes, the remaining parties 35. If the PNV votes against RDL 28/2026 as expected, it comes down to 34 to 34, and the decree fails before it could even take effect on November 15. RDL 29/2026 is considered safer: the government expects the opposing side cannot gather a majority against it.

Rule	As of today (Oct 18, 2026)	If RDL 28/2026 fails on Nov 12	If RDL 28/2026 is confirmed
Extension of residential tenancy	Up to 2 extra years possible under RDL 29/2026	RDL 29/2026 remains, no automatic 5/7-year rule	Automatic 5- or 7-year extension from Nov 15
Landlord notice period	4 months (old rule)	Stays at 4 months	6 months
Compensation for non-renewal	Not provided for	Still does not apply	12 months' rent, or 1 month's rent per tenancy year
Rent increase cap through 2027	Max. 2 percent without an agreement	Stays unchanged	Stays unchanged

What about contracts from October 1 and 2?

If you signed a contract or received a notice to quit in that short window, you are in a special situation. RDL 26/2026 took effect on October 1, RDL 27/2026 on October 2, and both were rejected by parliament on that same October 2. A rejection does not automatically void a decree from the start: legal actions taken while it was briefly in force, such as a notice to quit served on time or an extension agreed then, can remain valid. For specific cases from those two days, it is worth getting individual legal advice before relying on either transition rule. You can find more on deadlines and how a rental contract ends in our guide to rental contracts in Spain, and specifically on extensions in Rental Contract Expiring: Your Rights as a Tenant on Mallorca.

For rent increases during this transition period, the IRAV still applies instead of the old IPC index. For how to calculate the increase yourself, see How to Calculate a Rent Increase Using IRAV Instead of IPC.

What this means for Mallorca specifically

The Mallorca Daily Bulletin reported on October 14, 2026 that the island's long-term rental market has practically ground to a halt because of the new rental law situation in Spain. According to José Miguel Artieda, president of the real estate agents' association, viewings, new listings and even already-agreed extensions are being cancelled because owners fear they will not get their property back. Artieda expects the remaining landlords to raise rents to price in the risk, and doubts the rules will convert holiday rentals into long-term ones.

What is RDL 29/2026? RDL 29/2026 is a Spanish emergency decree from October 6, 2026, aimed at protecting the social function of housing since October 8. Among other things, it governs contract extensions, rent increases, seasonal rentals, deposits and repair rights for rental housing across Spain, including Mallorca. For Spanish rental law in 2026, it is the central legal basis until the November 12 vote clarifies the fate of RDL 28/2026.

Frequently asked questions

Does my landlord have to accept the extension under RDL 29/2026? Generally yes, if your contract ends before December 31, 2028, you are not behind on rent, and you have paid regularly for the last eight months. The landlord can only refuse the extension for the exceptions named in the decree.

What happens if RDL 28/2026 fails on November 12? Then it never takes effect, and RDL 29/2026 remains in place: a two-year extra extension instead of the planned automatic 5- or 7-year extension. The previous notice periods and the previous rules on ending a contract continue to apply.

Bottom line

For tenants on Mallorca, it is worth applying in writing now for the extra extension under RDL 29/2026, as long as your contract ends before the end of 2028. For landlords, the flip side is to keep an eye on your own notice period and possible compensation obligations under RDL 28/2026, even though it is not yet certain the decree will take effect on November 12. If you are planning a bigger decision, such as ending a tenancy for personal use or a new rental agreement, it is worth waiting for the vote result and consulting a rental-law attorney if in doubt. Spanish rental law for 2026 remains in flux at least until November 12, and with the parliamentary election on November 29, a further change cannot be ruled out.