Gonzalo Fernández de Córdova
PUBLIC LAW DIVISION
On 29 September 2026, the Government approved two Royal Decree-Laws on housing, popularly known as the “Maricarmen decrees”, in reference to the eviction of an 87-year-old woman in Madrid. The first, Royal Decree-Law 26/2026, entered into force on 1 October. The second, Royal Decree-Law 27/2026, entered into force on 2 October.
As neither decree was ratified by Congress that same day, on 6 October the Council of Ministers approved the same decrees again, with substantially the same content, and the new texts have been published in the Official State Gazette (BOE).
By way of background, a residential tenancy agreement for a habitual residence has a minimum term of five years, or seven years where the landlord is a company, even if a shorter term is stipulated in the agreement. Once that period has expired, if neither party gives notice, the agreement is extended annually for up to a further three years. To prevent this, the landlord simply has to give four months’ notice, at no cost.
Once those eight or ten years have elapsed, the agreement either ends or continues on a month-to-month basis (the so-called tácita reconducción, or tacit renewal), and the tenant effectively loses almost all security of tenure.
What are the main changes introduced by Royal Decree-Law 26/2026?
This decree introduces an extraordinary extension of up to two years for tenancy agreements whose term expires before 31 December 2028. This extension is not automatic: it must be requested by the tenant, who must be up to date with rent payments and must have paid on time during the previous eight months.
The landlord must accept the extension unless they need the property for themselves or a family member, or unless the parties enter into another agreement or sign a new tenancy agreement.
In addition, until the end of 2027, annual rent increases are capped at 2%, and there will be no increase if the rent already exceeds the reference price. The decree also validates extensions requested in the spring under Royal Decree-Law 8/2026, which Congress rejected in April, and regulates seasonal and room rentals.
This decree also strengthens protection against evictions, although it does not impose a general ban on them. Until 31 December 2030, a judge must suspend the eviction of a vulnerable person who has no alternative housing where the eviction has been initiated by one of the entities commonly referred to as “fondos buitre” (“vulture funds”).
The decree itself does not use that expression; instead, it refers to entities engaged in purchasing properties or portfolios of unpaid mortgage loans at a price substantially below their appraised value.
The suspension is possible even where a judgment has already been issued, provided that the eviction itself (lanzamiento) has not yet taken place, and it also applies to proceedings that were already underway.
Furthermore, where the autonomous community does not provide alternative accommodation, it must pay the outstanding debt in order to halt the eviction — a procedure known as enervación de la acción — within a period of two months, during which the proceedings are suspended.
What are the main changes introduced by Royal Decree-Law 27/2026?
Once the initial five- or seven-year term has expired, if neither party gives notice, the tenancy agreement will no longer be extended on an annual basis. Instead, it will be extended for a further five or seven years, and so on successively, without limit.
A landlord who does not wish to renew the agreement will have to give six months’ notice and pay the tenant compensation of at least twelve months’ rent for a comparable property.
The landlord will not be required to pay such compensation, among other circumstances, if they need the property for themselves or a family member, if the tenant has another dwelling in the same municipality, or if the parties enter into a new tenancy agreement.
Congressional ratification: a key constitutional issue
From a constitutional perspective, what should be highlighted is the ratification of these decrees by Congress.
A Royal Decree-Law enters into force upon publication, but it is a provisional legislative instrument: Congress must vote on it within thirty days, and a simple majority is sufficient for it to remain in force. If it is not ratified, it is repealed, although the effects produced while it was in force remain valid.
The two decrees were voted on separately on 2 October, and neither was ratified. Consequently, following the calling of elections, the Government has approved them again, and the new texts must also be ratified within thirty days.
This time, ratification will be carried out by the Permanent Deputation of Congress, the body responsible for ratifying Royal Decree-Laws while Parliament is dissolved. The parliamentary arithmetic would allow the first decree to be passed without the votes of Junts.
The second, however, is less likely to be ratified due to the PNV’s opposition.
If the first decree is ratified, it is expected to remain in force at least until a possible change of government following the elections on 29 November.
