A message from the landlord has arrived announcing that the rent is going up — and the question is immediate: can they? The short answer: yes, but within tight rules. Outside them, the increase simply isn’t enforceable, and continuing to pay the old rent is your right.
This guide explains when an increase is legal, how much it can be in 2026, and what to do — step by step — when the request goes beyond the law.
The essentials in 30 seconds
- The landlord can only raise the rent once a year, by the official coefficient — in 2026, +2.24% (coefficient 1.0224).
- It requires a written letter with 30 days’ notice, stating the coefficient and the new amount.
- Increases above the coefficient only by written agreement between the parties — never by imposition.
- Increase outside the rules? Don’t pay the new amount: reply in writing and keep paying the rent currently in force.
When the increase is legal
| Situation | Can they increase it? | Conditions |
|---|---|---|
| Annual update | Yes | 1×/year, by the INE coefficient (1.0224 in 2026), written letter with 30 days’ notice, lease at least 1 year old since the start or since the last update |
| Agreement between the parties | Yes | Any amount, but only with your written agreement (e.g. in exchange for works) — you can refuse |
| Mid-lease, “because the market went up” | No | Unilaterally, the coefficient is the ceiling — the market isn’t legal grounds |
| Retroactively or without a letter | No | Without valid notice given 30 days in advance, the increase has no effect |
| At lease renewal | Depends | Renewal keeps the same terms; a new amount requires a new agreement — and opposing renewal has its own notice periods |
An example using the 2026 coefficient: a rent of 800 € can go, at most, to 817.92 € (800 × 1.0224). The calculation details — and the landlord’s side of the calendar — are in our guide to the annual rent update.
Got an illegal increase? 3 steps
- Reply in writing, calmly — something like: “I received your notice. Under Article 1077 of the Civil Code, the annual update is capped at the official coefficient (1.0224 in 2026), so I cannot accept the proposed amount. I will keep paying the rent in force, updated as the law provides.”;
- Keep paying the legal rent — never stop paying: it’s non-payment that weakens your position. Pay the amount in force (or the correctly updated amount) by bank transfer, with a clear reference;
- Keep everything — the landlord’s letter, your reply, the proof of payment. If the pressure continues (eviction threats, refusal to issue receipts), seek legal support; the Julgados de Paz (small-claims courts) handle lease disputes up to €15,000.
What if the alternative is “leave”?
A landlord cannot “evict” you for refusing an illegal increase: eviction has its own grounds and process, and refusing an unlawful increase isn’t one of them. If they want to end the lease, they have to use opposition to renewal or denunciation, with the legal notice periods — see your situation in our guide to tenant rights.
While you’re at it, check the rest of your lease too: clauses for “automatic increases above the coefficient” or free increases are void — check your lease for free and know exactly where you stand.
Frequently asked questions
How much can rent increase in 2026?
At most 2.24% (coefficient 1.0224), once a year, with a written letter and 30 days’ notice. Any amount above this requires your written agreement.
The landlord gave notice by WhatsApp — does that count?
The law requires written notice given 30 days in advance, stating the coefficient and the new amount. An informal message without these elements doesn’t meet the required form; you can ask for formal notice and, until then, the current rent stands.
Can I refuse the legal 2.24% increase?
No — the annual update by the coefficient, correctly notified, is the landlord’s right. What you can (and should) check is whether the calculation, the coefficient, and the 30-day deadline were followed.
They didn’t update the rent for years — can they add it all up now?
No. The update isn’t retroactive: coefficients from earlier years that weren’t applied at the time don’t stack up now. Only the current year’s coefficient can be applied to the rent actually being charged.
I refused an illegal increase and the landlord is threatening to evict me. Can they?
Not on that basis. Eviction requires legal grounds (such as 3 months of arrears) and its own process. Keep paying the rent in force, keep every communication, and seek legal support if the pressure continues.
Note: this article is informational — it does not constitute legal advice. Always check the coefficient in force in the year of the notice.
