Briefing
The second Boletín Oficial del Estado on housing policy, published in the Real Decreto-ley on 1 October 2026, introduces an immediately effective, temporary protection measure for existing tenancies. Under the text of the decree, Andalusia 263,222 rental contracts are covered if their contractual or tacit extension periods end before 31 December 2028, provided the parties meet the conditions (eligible for payment and with eight months of rent payments received). The measure provides that once the minimum term has expired—five years for landlords who are natural persons and seven years for legal persons—the contracts will be automatically extended in annual periods; additional extensions of up to two or three years apply, depending on the circumstances and the specific provisions of the decree.
The Council of Ministers had adopted the decree as part of a package to protect the social function of housing. Until it is considered and potentially ratified by the Congress of Deputies its publication in the BOE remains in force; if Parliament rejects the decree within the prescribed period, the provision will lapse without retroactive effect. The decree specifies exceptions: a landlord may depart from the extension only for demonstrably justified family or professional reasons; in cases of unlawful non-renewal or eviction, the text provides for compensation of up to one year’s rent. Existing exceptions under tenancy law remain in place.
For Andalusia, with a high proportion of holiday lets and highly strained rental markets, publication provides greater short-term security for an estimated half a million residents. Urban areas with high tourist demand are particularly affected: in Málaga and Seville a substantial proportion of the affected contracts are located. The political outcome remains uncertain: supporters highlight the stabilisation of existing tenancies; critics warn of possible negative effects on supply and investment incentives. The long-term effects on new construction, supply and rents for new contracts can only be reliably assessed once later market data are available.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).