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What it is

More protection for tenants and changes to evictions

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 5 March 2019. Introduced by: Gobierno.

Official title: Royal Decree-Law 7/2019, of March 1, on urgent measures in housing and rental.

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Source: Congreso de los Diputados, file 130/000061· 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 says otherwise, the contract is then extended for three more years.
  2. Any additional guarantee beyond the security deposit cannot exceed two months of rent in contracts of up to five or seven years. If the landlord is a company, the landlord pays the property management and contract signing costs.
  3. Rent can only be updated each year and, without an express agreement, it is not updated at all. The annual increase cannot exceed the change in the Consumer Price Index.
  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 become mandatory if public aid covers 75% of the cost.
  5. In evictions, the court will set the exact day and time of the eviction. The procedure will be reported to social services and, if the household is vulnerable, the process is suspended for up to one month, or three if the plaintiff is a company.
  6. City councils may grant a property tax rebate of up to 95% for apartments rented out with rent capped by law, and the state reference index system for rental prices is created.

Who it affects

  • Tenants in their main home: They get longer contracts, fewer guarantees to pay, and limits on rent increases.
  • Landlords and corporate landlords: Companies cover management costs and must respect longer extension periods.
  • Homeowners' associations: They must increase the reserve fund and carry out accessibility works in certain cases.
  • Vulnerable households facing eviction: Social services step in and the procedure can be suspended for one to three months.
  • City councils: They can apply rebates and surcharges on the property tax.

Words worth knowing

Prórroga obligatoria (mandatory extension)
Extra period during which the tenant has the right to stay in the home even after the contract ends.
Fianza (security deposit)
Money the tenant gives the landlord when signing the contract as a guarantee, usually one month's rent.
Lanzamiento (eviction)
The act of physically removing a person from the home by court order.
Fondo de reserva (reserve fund)
Mandatory savings of the homeowners' association to pay for building works and repairs.
Impuesto sobre Bienes Inmuebles (IBI)
Property tax that owners of apartments and premises pay to their city council each year.

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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced5 March 2019Someone registers the text in the Congreso.
  2. Admitted14 March 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. Plenaryno dateAll 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Mar 201911. 5 March 2019: Presentación22. 14 March 2019: Diputación Permanente desde 14/03/2019 hasta 03/04/201933. 14 March 2019: Calificación44. 3 April 2019: Concluido - (Convalidado) desde 03/04/2019 hasta 09/04/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 7/2019, of March 1, on urgent measures in housing and rental.

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.

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