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Spain’s rental market is experiencing a period of significant legislative change. New housing decrees introduced by the government in October 2026 have reignited the debate over the balance between tenant protection and landlords’ rights. In Torrevieja, where long-term rentals coexist with seasonal accommodation and strong international demand, understanding the applicable legislation is essential to avoiding legal risks.
For property owners, seeking advice from a lawyer specialised in property and tenancy law in Torrevieja can make a significant difference when drafting agreements, regaining possession of a property or resolving disagreements with tenants.
What Are the “Mari” and “Carmen” Decrees, and How Do They Affect Rentals?
The terms “Mari Decree” and “Carmen Decree” have been used in the media to refer to measures proposed following the case of Maricarmen Abascal. However, these are not the official names of the legislation.
The initial texts were rejected by Spain’s Congress of Deputies on 2 October 2026. The government subsequently published Royal Decree-Laws 28/2026 and 29/2026, dated 6 October, introducing further measures concerning tenancy stability, rental regulation and housing protection. Their application must be assessed by reference to the published legislation and its current legal status.
Tenancy extensions and rental stability
Contract duration and the possibility of extending a tenancy are major concerns for landlords. The new provisions amend aspects of the legal framework governing properties rented as a tenant’s main residence. It is therefore essential to check which rules apply to each agreement, including when it was signed.
Landlords should not wait until the expiry date to review their options. Checking the contractual clauses, statutory notice periods and any applicable extension rights makes it easier to plan for the continuation of a tenancy or the recovery of the property where legally permitted.
Rent reviews and property profitability
Rent adjustments remain a key concern for property owners. The applicable legal restrictions depend on factors such as the type of tenancy, the date of the agreement and the legislation in force.
Before notifying a rent increase, landlords should review the rent-review clause and any statutory limits. A contractual provision cannot override mandatory legal requirements. Professional legal advice can help prevent disputes and errors when calculating the rent payable.
Seasonal Rentals in Torrevieja: An Important Area of Legal Risk
Torrevieja attracts tourists, international residents and people seeking temporary accommodation. It is therefore particularly important to distinguish between a main-residence tenancy, a seasonal rental and tourist accommodation.
Temporary tenancies: proving the reason for the stay
The regulations published in October 2026 strengthen the requirement to demonstrate the temporary purpose of a tenancy. Simply labelling an agreement a “seasonal rental contract” does not guarantee that it falls outside the rules governing main-residence tenancies.
The reason for the temporary stay must be genuine, specific and supported by evidence. If the temporary nature of the agreement is not adequately established, significant legal consequences may follow, including the application of the rules governing main-residence tenancies.
For landlords, properly drafting the agreement, retaining supporting documents and verifying the actual purpose of the rental are essential preventive measures.
Room rentals and legal limits
The legislation also addresses the partial letting of properties and the rental of individual rooms. In certain circumstances, the combined rent charged for individual rooms cannot exceed the rent applicable to the property as a whole, subject to any additional restrictions in designated stressed rental-market areas.
Landlords renting rooms should carefully review their agreements, disclosure obligations and the applicable rent restrictions.
How Can Landlords Protect Their Legal Rights?
Although landlords must comply with statutory obligations, they retain rights that may be exercised in accordance with the law. Careful property management helps reduce disputes and protect their interests.
Rent arrears, property damage and recovering possession
If a tenant fails to pay rent, damages the property or breaches the tenancy agreement, landlords should keep appropriate evidence and follow the relevant legal procedure. The most suitable course of action will depend on the circumstances and the available documentation.
Landlords should also review the rules governing the end of a tenancy, formal requests for the return of keys and, where necessary, court proceedings to recover possession.
Preventive legal advice
A lawyer specialising in civil and property law can review the tenancy agreement, identify the applicable legislation, prepare formal notices and assess the available options if a breach occurs.
In Torrevieja, where Spanish and international property owners use different types of rental arrangements, advice tailored to each situation is particularly valuable.
Property Lawyers in Torrevieja: Legal Advice for Landlords
Legislative changes make it advisable to review existing tenancy agreements and any contracts due to be signed in the near future. An unsuitable clause, a poorly managed extension or an incorrect classification of the rental can lead to avoidable costs and disputes.
A law firm specialising in civil and property law in Torrevieja can help landlords understand their obligations, protect their rights and make informed decisions with greater legal certainty.
Do you own a rental property in Torrevieja or elsewhere on the Costa Blanca? Seeking legal advice before signing, extending or terminating a tenancy agreement can help you prevent problems and protect your interests.
Legal disclaimer: This article is for general information only and does not constitute individual legal advice. The parliamentary status and legal force of Royal Decree-Laws 28/2026 and 29/2026 should be checked, together with the provisions applicable to the specific circumstances.
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