Spain’s Rental Law: What Tenants Need to Know about Maricarmen

The story of Maricarmen has reignited the debate over housing in Spain. But what has actually changed for tenants, landlords and people relocating to Barcelona?

Finding a home in Barcelona is already challenging. Rising rents, limited availability and strict landlord requirements make the process especially difficult for international families arriving in Spain.

Recent political developments have put rental regulations back in the spotlight. Here are the key points to understand.

1. What happened with the “Maricarmen Decree”?

Following the eviction case of Maricarmen, an 87-year-old woman in Madrid, the Spanish government proposed emergency measures to strengthen housing protections.

However, the two emergency decrees presented in late September were rejected by Congress on October 2, 2026. The government subsequently approved new housing measures on October 6, which entered into force upon publication but still require parliamentary approval.

The important takeaway: Not every measure announced in the news is necessarily part of the law currently applicable to your rental contract. The legal status and effective dates matter.

2. What about rental prices?

In Catalonia, rent controls remain particularly important.

Barcelona is in a designated stressed residential market zone. Depending on the property, landlord and previous rental contract, the applicable rules may limit the initial rent.

In many cases, the previous rent and the official reference price index must be considered. Landlords and agencies must also comply with applicable transparency requirements.

Before signing a lease, tenants should check how the maximum permitted rent has been calculated.

>>> Check the reference price index here >>> https://serpavi.mivau.gob.es/

>>> Check the square meters here >>> https://www.sedecatastro.gob.es/

3. Can landlords charge additional fees?

For ordinary residential rentals, the law generally requires the landlord to cover real estate agency fees and contract formalisation costs.

Tenants should also understand the difference between the mandatory deposit (fianza) and any additional guarantees. The applicable limits depend on the type and duration of the contract.

Always request a written breakdown of the amounts due before signing.

>>> The fianza must be register by the landloards in INCASOL >>> https://incasol.gencat.cat/es/serveis-i-tramits/fiances-de-lloguers/informacio/diposit-de-fiances

4. Is a temporary rental the same as a long-term rental?

No. The purpose of the contract matters.

A temporary rental may be appropriate for someone coming to Barcelona for a specific, temporary reason. However, the label used in the contract does not automatically determine its legal classification.

The actual purpose of the stay, the circumstances and the applicable regulations must be considered. In Catalonia, specific rules also apply to temporary rentals and room rentals.

For relocating employees and families, choosing the right type of contract from the beginning is essential. >>> You can read more >>> https://www.boe.es/buscar/doc.php?id=BOE-A-2026-20385

5. What does this mean if you are moving to Barcelona?

Understanding the rental market is about more than finding a property you like. You also need to understand the contract, prepare the right documentation and demonstrate to landlords that you can meet their requirements.

At Mikmak Relocation, we help individuals, families and international employees navigate the practical challenges of settling in Spain. We believe that informed decisions and personalised support make the relocation process clearer and less stressful.

Our advice: Before committing to a property, make sure you understand the rental conditions, the applicable price rules and the obligations of both parties.

Please note: Housing regulations are evolving. The legal status of the latest emergency measures should be verified before relying on them for an individual rental contract.