The automatic renewal of rental contracts It already appears in the Official State Gazette, although its publication does not mean that tenants can benefit from the new system from today. He Royal Decree-Law 28/2026, of October 6establishes that the November 15, 2026. Before, it will have to pass a vote that will determine whether the measure goes ahead.
The date appears in the second final provision of the text, published this Wednesday October 7. The calendar is different from that of the other housing decree approved by the Government, whose general entry into force is scheduled for October 8with exceptions for certain provisions.
Why automatic renewal is not applied yet
The Government has postponed the entry into force of this reform until mid-November. Between its publication and that date, a parliamentary statement on its continuity must be made.
With the Cortes dissolved by the electoral call, that decision corresponds to the Permanent Deputation of Congress. This body assumes the power to validate or repeal the decree laws during the period that elapses until the constitution of the new Chamber.
The procedure must be carried out within the thirty day period provided for in the decree laws. Therefore, November 15 is the date set in the norm, but its application depends on the text passing that parliamentary control first. If rejected, the reform will not come into force in the published terms.
How lease renewal would work
The reform provides that, upon expiration of the contract or any of its extensions, once the minimum duration of five years, or seven if the landlord is a legal entitythe rental is extended for new periods of the same duration if neither party communicates its willingness not to continue.
The system therefore contemplates the possibility of not renewing. The standard also regulates a compensation for the tenant when the landlord decides to end the relationshipsubject to the conditions and exceptions included in the decree.
What happens to contracts that have already been signed?
For those who currently rent, it will be necessary to check When the contract expires and if there is prior communication of non-renewal. The regime provided for current contracts would apply to maturities after entry into force, with transitional rules for some situations.
Among them, the text preserves the effectiveness of the non-renewal communications validly made before publication. These notices would not generate the right to new compensation, nor if an extraordinary extension is later applied.
In addition, for contracts that have less than six months left until their expiration when the reform comes into force, the owner is allowed to maintain the minimum notice of four months.
The difference with the extraordinary extension
The simultaneous publication of the two decrees may cause confusion. The automatic renewal for new periods of five or seven years It belongs to the norm that sets its entry into force for November. The extraordinary extension of rents until 2028 appears in the other decree, whose general entry into force is established for October 8.
They are different measures and have different calendars. Anyone whose rent is due to expire soon should check which one can apply to their contract, without assuming that the publication of the BOE automatically renews it starting this Wednesday.