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What it is

More protection for tenants and measures to lower rents

Plenary step 5 of 7 · Rejected

It is a royal decree-law. It was introduced on 18 December 2018. Introduced by: Gobierno.

Official title: Royal Decree-Law 21/2018, of 14 December, on urgent measures in housing and rental matters.

Source: Congreso de los Diputados, file 130/000048· updated 11 Nov

Automatic summary, not yet reviewed

  1. Residential lease contracts are mandatorily extended to five years, or seven if the landlord is a company. If neither party asks not to renew, the contract runs three more years.
  2. The landlord cannot ask for additional guarantees worth more than two months' rent on top of the deposit. Also, if the landlord is a company, the landlord pays the management costs and the cost of formalizing the contract.
  3. Tourist-use homes are excluded from the Urban Leases Law, even if marketed through any channel, and the applicable tourism rules apply instead.
  4. Homeowners' associations must fund their reserve fund with at least 10% of their last ordinary budget, and may use it for accessibility works. These works are mandatory when public aid covers 75% of the cost.
  5. In evictions for non-payment, if social services find vulnerability, the judge suspends the process for up to one month, or two if the plaintiff is a company, so protection measures can be adopted.
  6. City councils may grant a property tax (IBI Impuesto sobre Bienes Inmuebles: the property tax paid to Spanish city councils for owning a home or premises.) rebate of up to 95% for homes rented at affordable rates and may add a surcharge on permanently vacant residential properties. Residential leases are exempt from the transfer tax, and the Ministry of Public Works must boost the supply of rental housing.

Who it affects

  • Landlords renting out their homes: They must accept longer extensions, cannot ask for guarantees above two months' rent, and pay management costs if they are a company.
  • Tenants in their main residence: They gain stability, with contracts extended to five or seven years, plus three more if nobody asks not to renew.
  • Homeowners' associations: They must raise the reserve fund to 10% of the budget and face accessibility works when public aid covers 75%.
  • Vulnerable households facing eviction: The process is suspended for up to one month, or two if the plaintiff is a company, so social services can act.
  • City councils: They may grant a property tax rebate of up to 95% for affordable rental homes and surcharge permanently vacant apartments.

Words worth knowing

Prórroga obligatoria (mandatory extension)
Extra period during which the tenant can stay in the home even after the contract ends, unless there is an agreement to remove them.
Prórroga tácita (tacit extension)
If nobody says anything when the contract ends, it is automatically renewed.
Fianza (deposit)
Money the tenant gives the landlord at the start of the contract as a guarantee, returned at the end if there are no debts.
IBI
Impuesto sobre Bienes Inmuebles: the property tax paid to Spanish city councils for owning a home or premises.
Lanzamiento (eviction enforcement)
The act of removing a person from their home after an eviction ruling.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 5 of 7 steps. It reached Plenary, and today it is rejected.

  1. Introduced18 December 2018Someone registers the text in the Congreso.
  2. Admitted9 January 2019The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary9 January 2019All 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Dec 201811. 18 December 2018: Presentación22. 9 January 2019: Calificación33. 9 January 2019: Pleno Convalidación desde 09/01/2019 hasta 22/01/201944. 22 January 2019: Concluido - (Derogado) desde 22/01/2019 hasta 30/01/2019

22 January 2019

How did the plenary vote?

More votes against 103 yes · 243 no · 1 abst.

Voted on: Royal Decree-Law 21/2018, of 14 December, on urgent measures in housing and rental matters.

Source: Congreso de los Diputados, vote 1 of sitting 168· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV) and Mixto. Against, most of Ciudadanos, Gcup-ec-em, GER, Sin grupo and Popular en el Congreso. 7 deputies voted differently from their group.

By province: in 1 most voted in favour; in 47, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 1
  • Against: 47
  • Tie: 4
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
84 in favour
Vasco (EAJ-PNV)5
5 in favour
Mixto19
13 in favour · 5 against · 1 did not vote
Ciudadanos32
31 against · 1 did not vote
Gcup-ec-em67
1 in favour · 65 against · 1 abst.
GER9
9 against
Sin grupo1
1 against
Popular en el Congreso133
132 against · 1 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Published in the BOE: Royal Decree-Law 21/2018, of 14 December, on urgent measures in housing and rental matters.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.