Which Type of Rental Agreement Do I Need?

In Spain, there are different types of rental agreements, and choosing the correct one is essential to comply with current legislation. Below is a simple guide to help you understand the differences.

🏖️ Tourist Rental

A tourist rental is intended for short stays, generally of less than two months, for holidays or leisure purposes.

In Andalusia, these properties are regulated by the regional tourism regulations. In most cases, the property must be registered as a Tourist Rental Property (VUT – Vivienda de Uso Turístico) and comply with the applicable legal requirements.

🧳 Seasonal/Temporary Rental

A seasonal rental is designed for tenants who need accommodation temporarily for a specific reason, such as work, studies, medical treatment, spending the winter months in Spain, or while carrying out renovations to their main home.

For this type of agreement to be valid:

• The tenant must have another property that is their main and permanent residence.
• The reason for the temporary stay must be genuine, justified and clearly stated in the rental agreement.
• Where the reason is employment, the temporary nature of the stay should be supported by the employer. The employment contract or assignment should specify a defined start and end date, demonstrating that the need for accommodation is genuinely temporary.
• Where the rental is for a seasonal stay, such as spending the winter months in Spain, the temporary nature of the stay should also be supported by appropriate evidence. This may include return flight bookings, travel itineraries or other documentation showing the tenant’s intention to return to their main residence at the end of the agreed rental period.
• The duration of the tenancy must correspond to the documented temporary need.

A seasonal rental agreement cannot be used to avoid the legal protections that apply to a tenant whose main residence is the rented property. The actual use of the property, rather than the title of the contract, is what determines the applicable legal regime under Spanish law.

🏠 Long-Term Residential Rental

A long-term residential tenancy is intended for tenants who will use the property as their main and permanent home. In other words, Spain will become their principal place of residence, where they will live on a permanent basis, with no predetermined end date to their stay.

This type of tenancy is governed by the Spanish Urban Leases Act (Ley de Arrendamientos Urbanos – LAU) and provides tenants with the rights and legal protections established by law, including the statutory minimum duration where applicable.

Which Agreement Is Right for You?

The correct type of rental agreement depends on how the property will actually be used. Choosing the wrong type of contract may have legal consequences for both landlords and tenants.

At Golf Sea Homes Real Estates, we are happy to advise both landlords and tenants, ensuring that every rental agreement complies with current Spanish legislation and is tailored to each client’s particular circumstances.