The extension of the eviction moratorium is back on the table, but this time with significant changes that alter the balance between social protection and landlords' rights. A thorough understanding of the new situation is key to avoiding costly mistakes. Following the parliamentary failure of Royal Decree-Law 16/2025, the Government has opted to rebuild the social safety net through a new Royal Decree-Law 2/2026, of February 3.
Royal Decree-Law 2/2026, of February 3, again extends the suspension of eviction and removal proceedings for vulnerable households without housing alternatives, maintaining the core of the exceptional regime initiated in 2020.
However, this extension is not neutral. For the first time since the so-called social safety net was created, an element has been introduced that excludes certain cases from the suspension, even when the tenant is vulnerable.
That change alters everything.
- What is being extended and until when?
The suspension of evictions and removals is extended until December 31, 2026, under the same general terms that have been applied since Royal Decree-Law 11/2020, but with relevant adjustments.
Important:
- The legal proceedings are not halted.
- There may be a final judgment.
- What is suspended is the execution of the launch.
Attention. Many people believe that "there can't be an eviction." In reality, the eviction process continues; what is postponed is the final stage.
- The big news of 2026: small business owners out of suspension
The main change affects evictions for non-payment of rent.
As of Royal Decree-Law 2/2026, the suspension of eviction will not apply when the landlord owns two or fewer homes, even if the tenant is in a vulnerable situation.
This element is added to others already existing, such as the economic vulnerability of the owner himself.
This is a significant change from previous extensions.
- Attention. Many small landlords assume that the suspension affects them the same as large landlords. This is no longer the case.
- What happens then to vulnerable tenants?
The rule does not leave vulnerable people unprotected, but it shifts the focus.
When the owner has two or fewer homes, the suspension does not apply, and it is up to social services to find an emergency housing alternative, which must be addressed "as a priority".
This changes the dynamics of the procedure and the role of the Administration.
Social priority does not equate to an immediate solution. Time plays a key role.
- Assumptions that remain protected
The suspension remains in effect, among others, in the following cases:
- Evictions for non-payment when the property belongs to large landlords or legal entities.
- Cases of occupation without title when there are situations of vulnerability (gender violence, dependency, minors in charge) and the dwelling belongs to owners of more than ten properties.
In these cases, the judge must assess the set of circumstances and the social reports.
- Attention. Suspension is not automatic. Each case requires proof of vulnerability according to very specific criteria.
- Procedures already suspended, automatic continuity
To avoid a legal vacuum after the fall of Royal Decree-Law 16/2025, Royal Decree-Law 2/2026 establishes that the procedures that were already suspended as of January 27, 2026, continue to be suspended, without the need to submit a new application.
This transitional provision provides continuity and avoids procedural breakdowns.
- Attention. Failure to check the exact status of the procedure may lead to unnecessary or untimely actions.
- Compensation to property owners remains in effect
The possibility remains for landlords affected by the suspension to request financial compensation, with an open deadline until December 31, 2027, provided that the legal requirements are met.
The Government has strengthened this system with guarantees and budget allocation, although its practical application remains uneven.
Compensation is not automatic and requires careful and documented processing.
- An unstable political context and an added risk
Royal Decree-Law 2/2026 must be ratified by Congress within 30 days, as it currently lacks guaranteed support.
This introduces an additional element of uncertainty for landlords, tenants, and rental investors.
Making asset decisions without considering this parliamentary risk is increasingly less advisable.
In this new scenario, it's no longer enough to know whether or not there's a suspension. We need to analyze:
- The owner's profile.
- The actual number of homes.
- The economic situation of both parties.
- The exact procedural moment.
- The most appropriate strategy (procedural, social or negotiated).
Each case is different and a generic reading of the rule leads to errors.
In 2026, renting without up-to-date legal advice is taking an unnecessary risk, whether you are a landlord or a tenant.
The extension of the eviction moratorium remains in effect, but it no longer protects everyone equally. Royal Decree-Law 2/2026 introduces nuances that require a review of contracts, procedures, and strategies. Managing this effectively allows for avoiding gridlock, restoring legal certainty, and making decisions based on real information, not just headlines.
You can contact this professional office for any questions or clarifications you may have.
Warm regards,
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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