By Gustavo Adolfo Gómez Ferré, a Barcelona lawyer with a Law degree from the Universitat de Barcelona, a Diploma in International Procedural Law from the Universitat Pompeu Fabra, a member of the Il·lustre Col·legi de l’Advocacia de Barcelona and founder of Bufet Gómez Ferré.
On 22 March 2026, Real Decreto-ley 8/2026 entered into force, approved by the Council of Ministers under the economic crisis caused by the Iran War. The regulation grants the tenant the right to request up to two additional years at the expiry of their standard residential tenancy agreement. The landlord is legally obliged to accept, except in three very specific cases. In addition, the decree caps annual rent increases at 2% until 31 December 2027. At BUFET GÓMEZ FERRÉ we are specialist residential tenancy lawyers in Barcelona, and in this article we explain what you can do as a landlord, what the exceptions are, and when you need urgent legal advice.
What RDL 8/2026 establishes: the two measures
The decree contains two measures of immediate application:
1. Extraordinary extension of up to 2 years. The tenant of a standard residential property governed by the LAU 1994 may request, in writing and by verifiable means, that the contract be extended in annual periods for a maximum of two additional years. During the extension, the same terms and conditions of the existing contract apply: same rent, same clauses.
2. A 2% cap on annual rent increases for any contract whose review falls between 22 March 2026 and 31 December 2027:
- If the landlord is a large landlord (more than 10 residential properties or more than 1,500 m² built): the 2% cap is mandatory and cannot be waived even if the parties agree otherwise.
- If the landlord is an ordinary individual: the parties may negotiate freely; the 2% cap applies only in the absence of an agreement.
Who does the extension apply to? Only to standard residential tenancy contracts governed by the LAU 1994 that were in force on 22 March 2026 and whose expiry falls before 31 December 2027. Excluded: properties over 300 m² or with rent exceeding 5.5 times the minimum wage (art. 4 LAU), contracts in stressed residential market zones (ZMRT) governed by art. 10.3 LAU, and contracts signed after 22 March.
When can the landlord refuse: the three exceptions
Article 1 of the decree sets out three specific exceptions. These are the only legal grounds on which the landlord may refuse the request:
| Exception | What it requires |
|---|---|
| Agreement on new terms | Landlord and tenant have agreed new terms for the expiring contract. |
| New contract signed | A new tenancy agreement has already been signed between the same parties. |
| Need for own use (art. 9.3 LAU) | The landlord formally notified, at least 2 months in advance, the need to occupy the property for their own use or that of a first-degree relative or spouse. The notification must comply with all formal requirements of art. 9.3 LAU. |
Outside these three cases, the landlord’s obligation to accept the extension is legally binding and mandatory. There is no discretion.
The grey areas: what the decree does not resolve
RDL 8/2026 has significant gaps. These are the situations generating the most conflict:
The tenant requests the extension but has unpaid rent
Non-payment is not listed as an express exception in the decree. The text is silent on what happens when the tenant requesting the extension has accumulated unpaid rent. The prevailing legal interpretation is that the landlord will have to accept the extension and pursue the eviction proceedings for non-payment as a separate, independent procedure. There is no case law on this yet.
I sent notice of non-renewal before 22 March
The decree contains no transitional provision to address notices of non-renewal sent before it came into force. Legal opinion distinguishes two situations:
- If the notice was an ordinary non-renewal communication: most specialists consider that the tenant can still request the extension, because the contract was still in force on 22 March.
- If the notice expressly invoked the need for own use under art. 9.3 LAU (with the formal requirements: two months’ notice, verifiable communication): that notice falls within the listed exception and the landlord may resist the extension.
The outcome depends on the exact content and form of the notice sent. This is a grey area that is likely to generate litigation.
What happens if Congress does not validate the decree?
The decree requires parliamentary ratification by approximately 20 April 2026. It is not currently clear that the Government has sufficient votes, so if Congress rejects it:
- The decree is repealed with effect from the date of rejection (forward-looking repeal, ex nunc), not retroactively.
- Extensions already requested during its period of validity remain as acquired rights.
- From the date of rejection, no new extensions may be requested under RDL 8/2026.
Tenants wishing to rely on the decree should therefore submit their written request as soon as possible, without waiting for the contract to expire. El País warns that this uncertainty could lead to a wave of litigation between landlords and tenants in the courts, particularly in cases falling within that critical time window.
Case study: landlord with a defaulting tenant who requests the extension
- Situation
A distribution company has rented a property to an employee. The contract expires in May 2026. The tenant, who has accumulated 4 months of unpaid rent, sends a burofax requesting the extraordinary extension under RDL 8/2026.
- Analysis
The landlord consults Bufet Gómez Ferré. We review the documentation: the contract, prior communications and the status of the debt. We confirm that none of the three listed exceptions apply. Non-payment, although proven, is not an express exception.
- Strategy
We propose a dual strategy: manage the extension request in accordance with the law while simultaneously initiating eviction proceedings for non-payment and a claim for unpaid rent, which are independent of the extension. A favourable eviction judgment terminates the contract regardless of the extension requested.
- Outcome
The landlord recovers the property through the eviction proceedings and obtains a judgment against the tenant for the unpaid rent, with court costs awarded against the tenant.
What is your situation? Contact us about your case
If you are in any of these situations, your case requires individual legal analysis. The decree does not give the same answer to all landlords.
My tenant requested the extension but is not paying
The decree does not include non-payment as an exception. You may initiate eviction proceedings independently of the extension request.
I need the property for myself or a family member
This is a listed exception, but only if the notification complied with all the formal requirements of art. 9.3 LAU.
I gave notice of non-renewal before 22 March
The outcome depends on the exact content of the notice. If it formally invoked art. 9.3 LAU, you may be able to resist the extension.
I have more than 3 rental properties
If you exceed the large-landlord thresholds (more than 10 properties or 1,500 m²), the 2% rent increase cap is mandatory for you. We can review your portfolio.
The tenant owes more than 3 months’ rent
With that level of accumulated debt, eviction proceedings and a rent claim are already appropriate. The extension does not stay this procedure.
Frequently asked questions
Not directly. RDL 8/2026 does not include non-payment as an express exception to the extension. However, the landlord may simultaneously initiate eviction proceedings for non-payment and a claim for unpaid rent, which are independent of the extension request. If the eviction succeeds, the contract is terminated and the extension becomes void. This is one of the situations that most clearly requires specialist legal advice.
If Congress does not ratify the decree, it is repealed on a forward-looking basis (ex nunc). Extensions already requested and accepted during its period of validity remain as acquired rights. Those not submitted before the parliamentary rejection can no longer be activated under RDL 8/2026. Tenants wishing to rely on the decree should therefore not wait until the contract expires.
No. Contracts in stressed residential market zones (ZMRT) are governed by article 10.3 of the LAU, which provides for a maximum three-year extension managed by the relevant regional authority. That rule takes precedence over RDL 8/2026 and is incompatible with the extraordinary extension under the decree. If your property is in a ZMRT, the applicable regime is art. 10.3 LAU.
Free legal consultation – Specialist tenancy lawyer in Barcelona
If you have received an extension request and are unsure whether you can refuse it, or if your situation involves a defaulting tenant, a notice sent before the decree, or the need to recover the property, the right answer depends on the specific details of your case.
At Bufet Gómez Ferré we offer a free initial consultation with no obligation. We review your contract, your prior communications and the tenant’s situation, and advise you on what you can do and which procedure is most appropriate. As specialist tenancy lawyers in Barcelona, we handle both the out-of-court route and full eviction and rent recovery proceedings. We work on a success-based fee model wherever the viability of the case allows.
Contact us before the decree or its possible parliamentary rejection changes the picture.