Congress finalizes these days one of the deeper reforms of the rental market since the approval of the Urban Leases Law (LAU). A law that began as an adjustment to regulate temporary contracts but that, after months of amendments and negotiations, has ended up becoming a complete change to the rules of the game between landlords and tenants. And it does so with measures that until now were unthinkable: prohibit charging the IBI to the tenantveto mandatory non-payment insurance and allow the tenant to do work on the home if the owner does not respond.
The new standard, promoted by ERC, Bildu, Sumar and the Joint Group, advances after the favorable report of the Presentation and is one step away from being approved in the Housing Commission. If it goes ahead as written, will change practices that were common in the rental market: from the expenses that a landlord may incur to the way to justify a temporary contract.
New rental law: IBI assistance and no agency expenses for the tenant
One of the most significant modifications is the absolute prohibition to transfer the THE PLACE to the tenant. The law says it without nuances: “in no case may the rent be passed on to the tenant. Real Estate Tax”. Neither real estate management expenses nor the fees associated with the formalization of the contract. And in stressed areas, renovations Nor may they include new payment concepts that were not already agreed upon.
Furthermore, additional warranties are limited to a single. No need to ask for an extra three months in advance. And it also remains It is prohibited to force the tenant to hire a non-payment insurancea practice that in recent years had practically become the norm.
Tenants will be able to carry out works if the landlord does not respond
The law introduces an unprecedented change: in situations in which there are problems of habitability, health or safetythe tenant may send the owner a notice and a quote. If within 15 days the landlord does not accept, does not propose an alternative or does not carry out the repair, The tenant will be able to do the work and deduct it from the rent.
In case of damage resulting from normal use, the response time is reduced to five days.. If there is no response, the tenant may assume the repair and demand reimbursement or subtract it from the following monthly payment.
Temporary rental, finally regulated
The law addresses another of the major cracks in the market: he rent abuse temporal to avoid mandatory extensions of five or seven years. From now on, temporary contracts must justify a real and demonstrable cause: studies, work displacement, work in the habitual residence…
If not credited, the contract will directly become one of habitual residencewith retroactive effects. Besides, These contracts may not last less than 31 days or more than 12 months.. If the deadlines are exceeded or it is extended more than two times, it will automatically become a standard contract with mandatory extensions.
New balance in the rental market
The reform is not minor. Redraws the boundaries between rights and obligations of owners and tenants, It restricts common practices in the Spanish market and opens a way to strengthen the protection of the tenant in case of negligence on the part of the landlord.
If Congress approves it as is, 2026 will begin with a very different scenario than the one we knew: without IBI charged, without mandatory non-payment insurance, with guaranteed repairs and with temporary contracts subject, finally, to clear rules.
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