If my rent is above the reference rent index, can it go up this year?

Question

José Manuel Alburquerque · Accepted Answer

No, if the increase falls due between 8 October 2026 and 31 December 2027. During that period, if your rent exceeds the maximum value that the state reference rent system gives for your home, it cannot be increased, even if the agreement refers to the consumer price index (CPI) or to the IRAV, the index that the “INE”, Spain's national statistics institute, publishes for these increases. This applies to all residential tenancies, whoever the landlord is and wherever the flat is. It does not require your rent to be lowered but only prevents it from being increased. From 1 January 2028 the increase under your agreement returns, with the IRAV as the ceiling. How to find out whether your rent exceeds it The system, run by the “Ministerio de Vivienda”, Spain's Ministry of Housing, can be consulted online using the address or the cadastral reference of the property, which appears on the bill for the IBI, the local property tax. It gives a price range for your flat according to its location and characteristics. Compare the maximum value with the rent you pay each month. If the system gives it per square metre, multiply it by the floor area. For example: You pay 1.300 euros and the system gives a maximum of 1.150 euros for your home. If the anniversary of your tenancy falls in 2027, there is no increase and, in principle, none can be agreed either. If the system gave a maximum of 1.400 euros, the increase could be at most 2 %, 26 euros, unless you accept a different one that does not exceed the IRAV. What to do if you are notified of an increase Reply in writing that the increase does not apply and attach the result of your search, with the date on which you made it. While the matter is being clarified, the safest course is to pay the increase and state in writing that you are paying it while reserving the right to claim it back. If you stop paying it and it turns out to have been due, the difference can be claimed from you as unpaid rent. If you have already been charged an increase that was not due, you can claim a refund. Before suing, the law requires an attempt at negotiation. Do not confuse the reference rent index with the IRAV. The IRAV limits how much a rent can rise each year. The reference rent index shows the price range within which a home like yours is usually let.