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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
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The Royal Decree-law 21/2018, of 14 December 2018, of urgent measures in the matter of housing and rent was revoked yesterday, 22 January 2019, by the Congress of Deputies. 243 deputies out of 350 voted against it.
So, questions again:
What guarantee is required in a rental agreement?
There is no limit to the guarantees that the owner can request from the tenant. In the decree that the Government has overturned, this guarantee was limited to a maximum of two months.
What extension is mandatory for home rental contracts?
It depends when the contract was signed. If the contract was signed during the 35 days that the decree of 14 December 2018 has been in force, the extension was of
five years in the case of the owner being an individual and
seven years in the case of the owner being a company that owns numerous homes. Former regulations extended the period to just
three years.
Are there limits to price increases?
No, there are not.
What happens with tourist apartments and permission by Community of owners?
Until yesterday, it was enough that
three fifths of the owners of the community
rejected the use of a house as tourist accommodation for this to be denied permission. As of today, unanimity is again demanded in the agreement, which gives more facilities to owners of tourist homes. The December 2018 decree also imposed on homeowners who operated in the tourism market to pay up to 20% of community expenses. Now we return to the previous model, whereby these properties in commercial exploitation pay the same as any other property.
Is the rental market definitely subject to the law prior to 14 December 2018?
Although the new decree has been overturned by Congress, the government seems determined to implement new measures in the rental market. So…let´s see!
For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
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