My rental contract is until October. Is it automatically renewed for two years due to housing decrees? Is the price maintained?

Ask. Regarding the housing decrees, does this mean that my contract, which expires in October of this year, would be automatically renewed for two years? Regarding the price, is the CPI increase contemplated or will the price remain the same? I. De la Peña

Answer. Renewal is not automatic, but must be requested. If it is extended, the contract will continue under the same conditions and the annual rent update will be subject to the legally established limits.

In order to request the extraordinary extension of up to two years, the following requirements must be met: that the contract is valid as of October 8, 2026, the payment must be up to date and have been for the previous eight months, and the tenant must request the extension before the expiration date of the contract. In addition, one of the following periods must end: the mandatory extension of five years (or seven years if the lessor is a company), provided that the expiration occurs before December 31, 2028; the tacit extension of up to three years; and a situation of tacit renewal, that is, the contract continues month by month or year by year without having been renewed in writing.

If all these requirements are met, the landlord will be obliged to accept it, unless he needs the home for himself or his family and has communicated this at least two months in advance.

Before requesting this extension, it is advisable to check if the contract already has the right to an ordinary extension, since it may not be necessary to resort to an extraordinary one. If the contract has not yet completed five years, it will be automatically extended by annual installments until that term is reached, unless the tenant communicates his/her desire not to continue. If it now reaches five years and the lessor has not communicated, at least four months in advance, his intention not to renew it, the contract will be automatically extended by annual installments up to a maximum of three additional years.

During the extraordinary extension, the same terms and conditions of the current contract will be maintained. The rent will remain the same and can only be updated if the contract includes an update clause. Furthermore, the CPI will no longer be applied, but rather the IRAV as a reference index.

Likewise, until December 31, 2027, there is an extraordinary limit: if the rent exceeds the price reference index, it cannot be increased. In the rest of the cases, the increase will be the one agreed upon by the parties and, in the absence of agreement, it may not exceed 2%.

If you have questions, suggestions or simply want to tell us about your case, you can send us an email [email protected].