Maricarmen Decree repealed: what still applies to residential lettings and occupied homes in Spain

On 2 October 2026 Spain’s Congress of Deputies refused to ratify Royal Decree-laws 26/2026 and 27/2026, known as the “Maricarmen Decree”. For owners letting one or more homes, this means the extraordinary extension of up to two years, the 2% cap on rent updates and the new rules on temporary lets cease to apply, and the Urban Leases Act (Ley de Arrendamientos Urbanos, LAU) returns to the wording it had before 1 October. This note explains which residential tenancy rules apply now, what happens to steps taken while the decrees were in force, and how to recover an occupied property.

Updated on 2 October 2026, after the vote in Congress. This piece replaces our 1 October analysis of the measures in both decree-laws, which are no longer part of Spanish law.

What happened to the Maricarmen Decree in Congress?

Congress ratified neither decree-law, and the repeal is already published in the BOE. The two Resolutions of the Congress of Deputies of 2 October 2026 appeared in BOE no. 245 of that same date: BOE-A-2026-20526 for Royal Decree-law 26/2026 and BOE-A-2026-20527 for 27/2026. From 2 October 2026, your residential letting is governed again by the Urban Leases Act in its earlier wording: the 2% cap on rent updates and the extraordinary extension of up to two years are not in force.

Royal Decree-law 26/2026 of 29 September was published in BOE no. 241 of 30 September, came into force on 1 October 2026 and applied for a single day. Royal Decree-law 27/2026, of the same date, was published in BOE no. 243 of 1 October and came into force on 2 October, the very day the repeal took effect. Both amended Law 29/1994 on Urban Leases, whose consolidated text records the earlier wording as applicable from 2 October 2026.

Article 86(2) of the Spanish Constitution requires every decree-law (an emergency law-making instrument of the Government) to be debated and voted on as a whole by Congress within thirty days of its enactment, and Congress must expressly decide whether to ratify (convalidar) or repeal it. At the plenary session of 2 October, the first decree received 172 votes in favour and 178 against; the second, 166 in favour and 184 against. Neither was ratified, so both are repealed.

There is a direct precedent in residential tenancies: Royal Decree-law 21/2018, which also amended the LAU, was repealed by Resolution of 22 January 2019 (BOE-A-2019-799), and the consolidated text of the LAU records that its previous wording applied again from 24 January 2019, the date that resolution was published.

What happens to extensions and rent updates made while the decrees were in force?

The law gives no settled answer, so the prudent course is to document rather than act: keep all notices with their dates and do not act on decisions based on the repealed rules. Review each affected contract before its next expiry or its next rent update.

Article 86(2) of the Constitution refers to repeal, not nullity. Neither the Constitution nor the LAU specifies how a failed ratification affects acts carried out while the decree-law was in force, and we have not found Constitutional Court case law that settles this situation clearly enough to treat it as closed.

The period concerned is minimal and now closed: Royal Decree-law 26/2026 applied only on 1 October 2026, and the entry into force of 27/2026, on 2 October, coincided with the day the repeal took effect. Even so, some situations call for individual review: a tenant who applied for the extraordinary extension, a rent update notified in those days under the 2% cap, a contract signed as a temporary let under the new rules, or a notice of non-renewal drafted with the new deadlines.

Which residential tenancy rules apply now?

The LAU applies as worded up to 30 September 2026, including the amendments made by Law 12/2023 of 24 May on the right to housing. For the full picture of the contract, see our guide to residential tenancy agreements under the LAU.

Minimum term and mandatory extension. Under article 9(1) LAU, the parties agree the term freely, but if it is shorter than five years, or seven where the landlord is a legal entity, the contract is extended annually by law until it reaches that length, unless the tenant gives thirty days’ notice that it will not renew. Article 9(3) allows a landlord who is an individual to recover the property after the first year as a permanent home for himself or herself or for the relatives it lists, provided that need is expressly stated in the contract and notified two months in advance.

Tacit extension. Article 10(1), as worded by Law 12/2023, provides that once those five or seven years have passed, if neither party gives notice of non-renewal (the landlord four months in advance, the tenant two), the contract is extended annually for up to three further years.

Extraordinary extensions that predate the decree. The two introduced by Law 12/2023 remain in force. The first, of up to one year, benefits tenants in a certified situation of vulnerability and is mandatory where the landlord is a large holder (gran tenedor). The second, in annual periods of up to three years, applies in declared stressed residential market areas (zonas tensionadas) while the declaration is in force, unless the parties agree otherwise, sign a new contract subject to the rent limits in article 17(6) and (7), or the landlord has notified a need for the property under article 9(3).

Seasonal lets. Article 3(2) is again the reference: seasonal lets are treated as leases for a use other than housing. The classification depends on the real purpose, because article 2(1) defines a residential lease by its purpose of meeting the tenant’s permanent housing need. A contract labelled “seasonal” that in fact covers a permanent home is exposed to being treated as a residential lease.

Rent updates. Article 18 only allows rent to be updated on each anniversary of the contract and on the terms agreed: without an express clause, there is no update. The updated rent is payable from the month after written notice, which may be given on the previous month’s receipt. The eleventh additional provision of the LAU instructed the National Statistics Institute (INE) to define a reference index for updating residential leases (the IRAV), which acts as the cap for the purposes of article 18. Which index applies to each contract depends on its date and its clause, so it should be checked before notifying the next update.

Unauthorised occupation, unlawful entry into a home or a tenancy dispute

Entering another person’s home, or remaining there against the occupant’s will, may constitute unlawful entry into a dwelling under article 202 of the Spanish Criminal Code. A second home may qualify as a dwelling; actual use and the circumstances matter, not only municipal registration.

Unauthorised occupation of a property that is not a dwelling, or remaining in it against the owner’s will, may fall within non-violent usurpation under article 245(2) of the Criminal Code.

Where a tenancy existed, unpaid rent or a dispute over expiry must be analysed as a tenancy matter. It should not automatically be treated as usurpation. Nor does vulnerability, on its own, turn entry without title into a tenancy.

How to recover possession of an occupied property

1. Document your right to possession and the property’s use. Gather the deed or other title, Land Registry information, any tenancy agreement, correspondence, photographs and evidence that the property is used as a home.
2. Report potentially criminal conduct to the police. If the entry is taking place, request assistance and explain the circumstances. The response depends on the facts; immediate removal cannot be promised in every case.
3. Select the appropriate action. Consider criminal proceedings, civil possession proceedings or tenancy eviction according to how occupation began and who owns the property.
4. Avoid forcible recovery. Changing locks with people inside, cutting utilities or forcing entry may create liability. Preserve evidence of damage and expenditure when considering a damages claim.

The special housing recovery procedure in article 250(1)(4) of Spain’s Civil Procedure Act is available to individuals owning or otherwise lawfully possessing the property, non-profit entities entitled to possess it, and public entities holding social housing. A commercial company does not automatically qualify for this special procedure.

Where immediate delivery of possession is requested, article 441(1 bis) provides for occupiers to produce a title within five days of notification. Insufficient justification allows the court to order delivery where the claimant’s title establishes the right to possession, subject to applicable safeguards. Five days is the deadline for producing a title, not a guaranteed period for recovering the property.

What landlords should review now

• The expiry date of each contract and whether it is within the mandatory extension under article 9 or the tacit extension under article 10.
• Whether the property lies in a declared stressed residential market area, given its effect on extensions and rent.
• The rent update clause: whether there is an express agreement and which index it refers to.
• Seasonal lets: the temporary purpose must be genuine and stated in the contract.
• Any notice sent or received from 1 October 2026 onwards on the basis of the repealed decree-laws.

How RCM Legal can help with residential lettings after the Maricarmen Decree was repealed

There are questions the repeal does not answer on its own: extensions requested while the decree-laws were in force, rent updates already notified, seasonal lets that may be misclassified, or non-renewal notices served with the wrong deadlines. For non-resident owners and letting companies, the tenancy position must also be aligned with their tax situation and with managing the properties from abroad.

At RCM Legal, our real estate team advises owners, investors and letting companies in Murcia and across Spain, including non-residents: we review your portfolio of contracts, prepare extension and rent update notices, and act for you in recovering occupied properties. Tell us about your case.