What is the two-year extraordinary extension and who can ask for it?

Question

José Manuel Alburquerque · Accepted Answer

It is an extension that allows the tenant to stay in the home for up to two more years, year by year and on the same terms as the agreement. It was created by Royal Decree-Law 29/2026 (the “Real Decreto-ley”), in force since 8 October 2026, for residential tenancies of a main home that were in force on that date. It applies, among other cases, when the five-year minimum term, or seven years if the landlord is a legal entity, such as a company, is completed before 31 December 2028. It is not automatic, because the tenant has to ask for it and must be up to date with the rent and have been so every month for the previous eight. Which tenancies it applies to It applies to residential tenancies of a main home that were in force on 8 October 2026 and are governed by the “Ley de Arrendamientos Urbanos” (LAU), Spain's urban tenancies act, when one of these points is reached: The end of the minimum term of five or seven years, if it comes before 31 December 2028. The end of the extension of up to three years that follows that minimum, or the end of the one-year extension for vulnerability. The end of tacit renewal (“tácita reconducción”), which is the contract that continues month by month when the previous one ends and the tenant stays on without the landlord objecting. If the end of the extension of up to three years or of the tacit renewal comes after 2028, it is advisable to check first that it can still be requested. Agreements signed after 8 October 2026 cannot benefit from it, nor can temporary residential tenancies. Who asks for it and how The tenant asks for it. The landlord does not have to offer it. The tenant must be up to date with the rent and have been so every month for the previous eight. The tenant does not need to be vulnerable. The prudent course is to ask for it in writing before the tenancy ends, in a way that leaves proof of the date and the content, such as a “burofax”, a certified letter with proof of content. If the tenant already asked for it between March and April 2026, under the March decree that provided for a similar extension, they do not have to repeat the request. How it works It lasts for a maximum of two years, in one-year periods. During that time the terms of the agreement remain the same, including the rent, which continues to be updated as agreed and within the limits set by law. The landlord can only refuse in the cases provided for by law, such as a different agreement between the parties, a new contract or the need to occupy the home. Nor does it apply if they agree to renew the agreement or to sign a new one with a rent at least 5 % lower. In addition, it cannot be added to the extension of up to three years in stressed residential market areas (“zonas tensionadas”), areas declared as such because of high rents, like Barcelona. In those areas the three-year extension applies in principle, because it takes precedence. For example, outside a stressed residential market area, an agreement signed on 1 March 2022 with a landlord who is an individual reaches five years on 1 March 2027. If the landlord gives notice that they will not renew, a tenant who is up to date with the rent can ask to stay until 1 March 2028 and, after that, until 1 March 2029.