How to request the extraordinary extension of a habitual residence rental contract?

Template application that the tenant must submit to apply the extraordinary extension of the rental contract for an initial period of two years.

The Housing Act 12/2023 introduced the extraordinary extension of rental contracts as a measure to guarantee that tenants in a situation of social or economic vulnerability have the right to extend the duration of their habitual residence lease once the rental contract has expired. This measure has now been reinforced with the recent entry into force of Royal Decree-Law 8/2026, of 20 March, on rental measures in response to the economic and social consequences of the Iran War.

Under Article 1 of the aforementioned Royal Decree-Law, tenants whose rental contracts were in force when the regulation entered into effect (i.e., 22 March 2026) and whose mandatory extension period — or, where applicable, tacit extension — is due to end before 31 December 2027, may request from their landlords the application of an extraordinary contract extension for an initial period of two years, counted from the start date of the extension, maintaining the same conditions of the currently valid contract.

"Tenants whose contracts expire between 22 March 2026 and 31 December 2027 may request an extension of their rental contract under the same conditions."

And, provided the requirements are met and the extension is communicated within the deadline, the landlord is obliged to accept the said extension — unless they need the property for their own use (necessity clause).

In this regard, the Ministry of Social Rights, Consumer Affairs and the 2030 Agenda, led by Pablo Bustinduy, announced last Monday, 30 March, that it had sent a letter to 13 real estate companies and investment funds — which between them hold over 100,000 rental properties across the country — informing them that they are obliged to extend the contracts of their tenants whose leases expire between 22 March 2026 and 31 December 2027 and who submit such a request.

"The regulation creates a new right to renew the rental contract term for two years which, upon the tenant's request, must be mandatorily accepted by the landlord, maintaining the terms and conditions of the contract in force."

Although this extraordinary measure has been in effect since 22 March, its continuation depends on a parliamentary vote to ratify the Royal Decree-Law, which is expected to take place before 21 or 22 April — the deadline, as the ratification period is 30 days from its promulgation.

All indications currently suggest that when the vote takes place, the Royal Decree-Law will not pass ratification, meaning it will lapse — and tenants will no longer have this new right to a two-year contract renewal, nor will landlords be obliged to accept extension requests. However, as already noted, until the parliamentary vote takes place, landlords are indeed obliged to accept any extraordinary extension requests for habitual residence rental contracts received from their tenants.

The political party Más Madrid has made available a template letter to be sent by burofax to the landlord requesting the extension (Royal Decree-Law 8/2026), which may be of use to tenants and is provided below for those interested. Source

solicitud_prorroga_es.pdf

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