Legal Uncertainty in Canary Islands Due to End of Rental Contract Extension

The annulment of the rental extension decree by the Congress could lead to an increase in litigation between landlords and tenants in the islands.

Legal documents concerning rentals on a table
IA

Legal documents concerning rentals on a table

The recent decision by the Congress of Deputies to reject the rental extension decree has plunged thousands of tenants and landlords in the Canary Islands into uncertainty, anticipating a potential increase in legal conflicts.

The annulment of the decree that extended rental contracts has created a situation of legal insecurity, especially for tenants who requested the extension during the month the regulation was in force. This situation could lead to an increase in lawsuits, as warned by real estate sector experts.

"What is most feared today is non-payment of rent, so it is normal to agree on some adjustment and for the tenant to stay in the property."

a real estate sector spokesperson
Despite the concern, some professionals in the sector believe that the impact of this situation will be marginal. They argue that most landlords will prioritize keeping their tenants, provided they have met their payments and have not caused coexistence problems or property damage. Logic suggests that a mutual agreement is preferable to a legal process.

"The problem of a vulnerable family that cannot pay rent belongs to the public administration."

a real estate sector spokesperson
From the Canary Islands Association of Real Estate Management Companies (Acegi), the handling of such a sensitive issue as housing through decrees that, when rejected, leave citizens in a legal "limbo" is criticized. It is estimated that, although rental prices have risen significantly since 2020, most landlords will not apply drastic increases that would leave tenants in a vulnerable situation.
The long-term solution, according to experts, lies in streamlining construction processes to increase housing supply in the market, both for purchase and rent. It is proposed to work on new construction and on implementing mechanisms that encourage the return of vacant homes to the rental market, a problem that has worsened after the approval of the State Housing Law of 2023.