The death of Maricarmen Abascal, an 80-year-old woman who became a symbol of Spain's housing crisis after being evicted from her home, has sparked widespread emotion and renewed debate over tenants' rights. She passed away on October 7, just days after the Spanish government announced a series of major housing measures on September 29. These included plans to introduce automatic lease renewals and extend protections against eviction until 2030. But with some of these measures still facing political uncertainty, what is actually changing for tenants, and which expats could benefit?
They are being called the "Maricarmen decrees." Passed on September 29 in response to the public outcry over the eviction of the elderly woman, these emergency decrees covered two main measures: automatic lease renewal and a moratorium on evictions until 2030. Both were rejected by the Spanish Congress on October 2. The government immediately put forward two replacement decrees built around the same principles.
The first has been in force since October 8. It allows leases to be extended by up to two years and caps rent increases. The second decree would introduce automatic five-year lease renewals and was scheduled for a congressional vote on November 12. If approved, it would take effect on November 15. Both measures, however, depend on congressional approval to survive.
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What should expats expect?
Is renewal truly automatic? Under the current law, a tenant can request a lease extension of up to two years and continue renting under the same conditions agreed at the time of signing.
Conditions to qualify for the extension:
You must have paid your rent on time every month for at least the previous 8 months.
The property must be your primary residence.
Renewal is therefore not automatic. As an expat tenant, you need to request it yourself, ideally in writing before your lease expires. Your landlord can refuse on legitimate grounds, for example if they need the property for their own use.
Caution: the "automatic" extension does not apply:
if a new lease is signed
if the landlord and tenant agree to renew with a 5% rent reduction.
Rent caps in place since October 8
Since October 8, rent increases have been capped at 2% through December 31, 2027. Three key rules govern how increases can be applied:
Landlord and tenant may agree on an increase.
Without an agreement, the increase cannot exceed 2%.
No increase is permitted if the current rent already exceeds the official reference rent index.
If the decree on automatic five-year lease renewals comes into force, here is what expats should be aware of:
Leases will be renewed for five years automatically, unless either the landlord or the tenant objects.
If the landlord refuses to renew, they must pay the tenant compensation. This does not apply, however, when the refusal is justified, for example if the landlord intends to move into the property themselves, or if the tenant has lived there for less than six months.
Landlords must give six months' notice (up from four months currently). Tenants are required to give two months' notice.
This second decree would apply to leases expiring after November 15. Whether it will actually come into force remains to be seen. The political climate in Spain is still tense: Congress's rejection of the original decrees pushed Prime Minister Sánchez to call a snap election, scheduled for November 29.
Freelance web writer specializing in political and socioeconomic news, Asaël Häzaq analyses about international economic trends. Thanks to her experience as an expat in Japan, she offers advices about living abroad : visa, studies, job search, working life, language, country. Holding a Master's degree in Law and Political Science, she has also experienced life as a digital nomad.
