New Rental Rules in Spain in 2026

New rental rules came into effect in Spain from 1 October 2026. The changes affect seasonal rentals, room rentals, long-term tenancy agreements, short-term rentals and certain related taxes.

Property owners who rent out their homes for several months at a time, use seasonal rental agreements or are planning to sign a new rental contract should pay particular attention to the new requirements.

Here is what has changed and what property owners in Spain should check now.

Seasonal Rentals Now Require a Valid Reason

One of the main changes concerns seasonal or temporary rentals (alquiler de temporada).

A temporary stay must now have a genuine reason, such as work, studies, medical treatment or another circumstance requiring the tenant to live temporarily away from their permanent residence.

The reason must be stated in the rental agreement, and the landlord must be able to provide evidence supporting it.

If there is no sufficient reason for the temporary nature of the rental, the agreement may be treated as a regular residential tenancy. In this case, the rules governing long-term rentals, including minimum terms and extensions, may apply.

Simply calling an agreement a “seasonal rental contract” is therefore no longer enough. The tenant’s actual circumstances and the documentation supporting the temporary stay are important.

How Long Can a Seasonal Rental Last?

A temporary rental must be for more than 31 days and, as a general rule, should not exceed 12 months.

The duration must correspond to the reason for the temporary stay. If that reason objectively continues for more than a year, the rental may continue, but the landlord should be able to provide evidence supporting the circumstances.

Additional risks arise when several consecutive temporary contracts are signed with the same tenant for the same property. Under certain circumstances, the rental relationship may be treated as a regular long-term residential tenancy.

New Rules for Renting Rooms in Spain

The changes also affect landlords who rent individual rooms.

If several rooms in the same property are rented out simultaneously, the combined rent charged under all the agreements cannot exceed the amount that would apply if the entire property were rented as one unit.

This restriction is particularly relevant in areas officially designated as stressed residential market areas (zonas de mercado residencial tensionado), where additional rent restrictions may apply.

Restrictions on Consecutive Seasonal Rental Contracts

When the same property is rented through consecutive temporary agreements, landlords cannot freely increase the rent each time a new contract is signed.

Rent increases are subject to the applicable annual rent adjustment index.

As a result, repeatedly signing new seasonal contracts with higher rents may create additional legal risks for landlords.

Tenants Can Terminate Seasonal Rentals Early

The rules for early termination of temporary rental agreements have also changed.

After the first month of the tenancy, a tenant may terminate the agreement by giving the landlord at least 10 days’ notice. If the applicable conditions are met, the landlord cannot claim compensation for the early termination.

In addition, any additional security guarantee for a temporary rental is limited to one month’s rent.

What Happens to Existing Seasonal Rental Agreements?

Seasonal rental agreements signed before the new rules came into force generally continue under the previous rules until the end of their originally agreed term.

However, a subsequent agreement will have to comply with the new requirements.

Property owners whose existing seasonal rental contracts are due to expire soon should therefore review the terms before signing a new agreement.

Changes to Long-Term Rentals in Spain

The reform also affects regular residential tenancy agreements.

The basic minimum term remains five years when the landlord is an individual and seven years when the landlord is a legal entity.

However, the rules governing subsequent extensions have changed.

If neither party gives the required notice to terminate the tenancy, the agreement may be extended for further periods of five years when the landlord is an individual and seven years when the landlord is a legal entity.

A landlord must generally give at least six months’ notice of their intention not to renew the agreement, while the tenant must give at least two months’ notice.

In certain circumstances, a landlord’s decision not to extend the tenancy may also result in an obligation to compensate the tenant. There are exceptions, including certain situations where an individual landlord genuinely needs the property as a permanent home for themselves or specified family members.

For this reason, landlords should check the rules applicable to their particular contract before terminating a long-term tenancy.

Restrictions on Rent Increases

Special restrictions on annual rent increases apply to certain residential tenancy agreements until the end of 2027.

If the existing rent already exceeds the maximum amount established under the applicable official reference system, a further increase may not be permitted.

In other cases covered by the new rules, where the parties do not agree on another permitted adjustment, the increase is limited to 2%.

The exact calculation may depend on the location of the property, the previous rental agreement, the landlord’s status and whether the property is located in a stressed residential market area.

New Tax Rules for Short-Term Rentals

Separate tax changes will take effect on 1 December 2026 and affect VAT (IVA) on certain types of short-term accommodation.

The tax treatment changes, in particular, for certain furnished short-term rentals and situations where accommodation is provided together with services typically associated with the hotel industry.

A 10% VAT rate will apply to qualifying transactions.

Owners renting properties by the day or for short periods should therefore review the applicable tax treatment before 1 December.

What Should Property Owners Check Now?

Following these changes, correctly identifying the type of rental agreement has become particularly important.

Property owners should check:

• whether the rental is residential, seasonal or short-term;
• whether there is documented evidence supporting the reason for a seasonal rental;
• whether the duration of the contract corresponds to that reason;
• whether the rent has been calculated correctly;
• whether there is a risk that a seasonal agreement could be treated as a long-term residential tenancy;
• which rules apply to the extension or termination of an existing agreement;
• whether the tax treatment of a short-term rental is changing.

Using the wrong type of agreement or incorrect contractual terms may result in a rental being subject to rules very different from those originally expected by the landlord.

Legal Advice on Rental Agreements in Spain

If you rent out a property in Spain, are planning to sign a new rental agreement or need to renew an existing contract, it is advisable to review it in light of the new requirements.

Lusa Legal can review your existing rental agreement, determine the appropriate rental regime, prepare a new contract and advise you on the legal and tax implications of renting property in Spain.

Contact us for legal advice tailored to your situation.

Official Sources

Boletín Oficial del Estado — changes published on 30 September 2026
Boletín Oficial del Estado — changes published on 1 October 2026

Information is current as of 2 October 2026. This article is for general information purposes and does not constitute individual legal or tax advice.