Maricarmen Decree and occupied homes: what owners should know

The measures commonly called the “Maricarmen Decree” bring tenant protection and the recovery of residential property into focus. For owners, the first decision remains a legal one: establish whether the occupier holds a tenancy, has entered somebody’s home without consent, or occupies a property without a legal basis. Each situation requires a different response. The new measures make reviewing contracts, expiry dates and proceedings essential before taking action.

Legal position as at 1 October 2026. Royal Decree-law 26/2026 takes effect today. Royal Decree-law 27/2026 was published today and takes effect on 2 October. Their continued operation is subject to parliamentary validation. Publication and parliamentary validation are separate stages.

What the Maricarmen Decree changes for property owners

The name refers to two separate measures. Royal Decree-law 26/2026 changes tenancy rules, introduces eviction measures and includes property and tax provisions. Royal Decree-law 27/2026 specifically reforms the renewal of principal-home tenancies.

Owners, letting agents and residential landlords should review how each property is used, its contractual documents and expiry notices. Protection afforded to a tenant should not be confused with a legal entitlement for somebody who entered without consent.

Tenancy extensions: two different regimes

Final provision five of Royal Decree-law 26/2026 allows tenants to request an extraordinary extension in annual periods, up to two additional years, for existing tenancies meeting its conditions. Rent must be up to date and must have been paid each month during the preceding eight months. The provision covers mandatory extensions ending before 31 December 2028 and other specified expiry situations, including certain tacit renewals.

Existing contractual terms continue, subject to statutory exceptions involving certain agreements, a new tenancy or a genuine and documented housing need on the landlord’s part. The measure does not mean that all tenancies automatically receive a two-year extension.

Royal Decree-law 27/2026 provides, once in force and subject to its transitional rules, for successive extensions of five years, or seven where the landlord is a legal entity, where the required notice has not been given. It also regulates compensation for certain decisions against renewal, with exceptions. This is not an unconditional right to remain indefinitely: each expiry and the interaction between the two measures require examination.

Our guide to residential tenancy agreements explains the contractual background. The changes described here require those arrangements to be reviewed against the new legislation.

Seasonal lets, room rentals and rent updates

Royal Decree-law 26/2026 requires temporary displacement from the tenant’s usual home to have a justified and demonstrable cause. Where the contract does not properly state a temporary cause, the principal-home tenancy regime applies with the effects specified by the legislation. Calling a contract “seasonal” does not establish that cause.

Room rentals also receive specific regulation. Before marketing or renewing these contracts, agents and landlords should check actual use, rent rules and, where relevant, whether the property lies within a formally designated stressed residential market area.

Final provision six sets extraordinary rules for annual rent updates through 31 December 2027. No increase is permitted where rent exceeds the applicable maximum under the reference index system. Otherwise, the parties’ new agreement applies; without one, the increase cannot exceed 2%. That percentage should not be described as a universal rule for every tenancy.

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

Entering another person’s home, or remaining there against the resident’s wishes, may constitute unlawful entry under article 202 of the Spanish Criminal Code. A second home may qualify: actual use and circumstances matter, rather than municipal residence registration alone.

Unauthorised occupation of property that is not somebody’s home, or remaining against its owner’s wishes, may fall under the non-violent occupation offence in article 245(2).

Where occupation originated in a tenancy, non-payment or a dispute over expiry requires examination of that contractual relationship. It should not automatically be treated as the criminal occupation offence. Equally, vulnerability alone does not turn an entry without legal entitlement 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.

Vulnerability and eviction stays: conditions and exceptions

Article 2 of Royal Decree-law 26/2026 provides measures through 31 December 2030 for vulnerable people without alternative housing. It distinguishes specified entities acquiring property or mortgage portfolios from other claimants. It does not automatically suspend every possession proceeding.

For the second group, the legislation provides for administrative involvement, review of stays and compensation for specified owners. Exceptions concern the claimant’s circumstances and individuals owning two or fewer residential properties. Compensation is not available indiscriminately to every property company.

Article 5 also introduces an extraordinary mechanism involving payment by the competent administration in qualifying vulnerable-tenant cases. Before bringing proceedings, the applicable regime must therefore be checked against the proceedings, the owner and the occupants.

What owners and property businesses should review

The changes call for reviewing expiry dates and notices, temporary letting grounds, rent updates and property records. Article 1 of Royal Decree-law 26/2026 also restricts certain acquisitions through 31 December 2028 by entities whose objects include acquiring property, where acquisitions are free of charge or below 70% of the market valuation. Exceptions and exclusions apply: this is not a general ban on property purchases by companies.

Tax changes require separate assessment of the transaction and taxpayer. Neither tax benefits nor compensation should be assumed merely because someone owns property.

RCM Legal advises owners and property businesses in Murcia and owners of property in Spain. Our real estate law team can review your tenancy, assess the occupation and identify the appropriate route to recover possession. Tell us about your situation.