Congress Rejects the Eviction Moratorium | What Does This Mean for Short-Term Rental Agreements?

3 Marzo, 2026

On 26 February 2026, Congress rejected the ratification of the Royal Decree-Law that included the eviction moratorium and the social electricity bonus, among other measures.

Beyond the political debate, this decision brings back to the forefront a key issue for landlords and investors: Is a rental agreement truly enforceable when the tenant does not vacate the property at the end of the agreed term?

In a market where 9-, 10-, or 11-month contracts are increasingly common, it is essential to remember something fundamental: Not every agreement labelled as “temporary” is legally temporary.

What Does the Urban Leases Act Actually Say?

The applicable regulation is the Spanish Urban Leases Act (LAU).

The key distinction lies not in the duration of the contract, but in its legal nature.

Article 2 LAU: residential leases intended to meet the tenant’s permanent housing needs.
Article 3.2 LAU: leases for purposes other than housing, including seasonal rentals.
Article 9 LAU: mandatory minimum duration (5 years if the landlord is an individual; 7 years if a legal entity).
Article 6 LAU: nullity of clauses contrary to mandatory legal provisions.

Therefore, if title of the contract does not determine its legal classification agreement actually meets a permanent housing need, the tenant may be protected by the statutory minimum duration — even if the signed document states “9 months”.

The title of the contract does not determine its legal classification.

The Most Common Mistake in “Temporary” Contracts

In practice, we see three recurring risks:

Failure to justify the temporary nature: The contract does not explain the specific circumstance that excludes it from being the tenant’s habitual residence.
Generic justifications: Phrases such as “temporary stay” or “personal reasons” are usually insufficient unless supported by a real, verifiable cause.
Disconnection between contract and reality: If the tenant registers at the property with their family, works permanently in the city, and has no other effective residence, a court may reclassify the agreement.

The result: A contract signed as a “seasonal rental” may be legally considered a habitual residence lease, triggering full tenant protection under the law.

Why Is This Especially Relevant Now?

The parliamentary debate demonstrates that the regulatory environment can change. However, beyond temporary political measures, true legal protection does not depend on the political climate. It depends on how the contract is structured from the outset.

For landlords with multiple properties, developers, agencies, or family offices, the risk is not merely legal:

Property blockage for years
Litigation costs
Direct impact on projected profitability
Financial planning distortions

Legal certainty begins before signing.

Standard Contract vs. Strategic Contract

There are countless downloadable templates on the market. The issue is not using templates, the issue is using them without prior analysis.

Before signing, the following should be assessed:

The tenant’s actual profile
The effective intended use of the property
The investment strategy
Potential litigation risk
The landlord’s corporate and tax structure

A contract is not merely a formal document. It is a conflict-prevention and profitability-protection tool.

Frequently Asked Questions

Does an 11-month contract avoid mandatory extension?

Not necessarily. If it satisfies a permanent housing need, the statutory minimum duration may apply.

Is it enough to state that it is “seasonal”?

No. The label is not decisive. There must be a real and coherent justification.

What happens if the tenant does not vacate the property?

It will depend on the legal classification. If considered habitual residence, tenant protection mechanisms may apply.

Should already signed contracts be reviewed?

Yes, especially if managing multiple properties or using generic templates.

Does this also apply to corporate landlords?

Yes. And if the landlord is a legal entity, the minimum duration extends to 7 years.

Prevention Before Litigation

Real estate profitability does not depend solely on the purchase price or monthly rent. It also depends on the legal strength of the contract.

If you are a landlord, investor, or real estate agency and wish to:

Review existing agreements
Design contract models tailored to your portfolio
Analyse risks before signing
Integrate contractual strategy with your corporate and tax structure

We can examine your specific situation and help you build a preventive legal solution.

Because in rental matters, true protection begins before the conflict arises.