Key Features of Temporary Rental: What You Need to Know
Spain has recently implemented updated regulations governing short-term apartment rentals. Now, a temporary lease agreement can only be signed if there is a valid reason justifying the need for limited-term accommodation. For example, if the owner offers a rental from September to June, this is only permitted when there are objective circumstances, such as studies or work that require a temporary stay.
When is a Rental Term Restriction Legally Valid?
According to current legislation, a temporary rental agreement can be concluded if the tenant genuinely needs accommodation for a specific period. For instance, a student arriving for an academic year, or an employee on a temporary assignment. However, if the owner wants to rent out the apartment only during the academic year to use it for tourist rentals in summer, this approach does not comply with the law. In this case, the contract may be recognized as permanent, giving the tenant the right to extend their stay up to the minimum term established for long-term rentals.
Legal Nuances: How to Distinguish a Temporary Lease from a Permanent One
The Law on Urban Leases (Ley de Arrendamientos Urbanos, LAU) clearly distinguishes between temporary and permanent rentals. If a contract is signed without a real temporary reason and the tenant continues to live in the apartment, such a rental may be recognized as permanent. In this case, the tenant has the right to remain in the apartment for up to five years if the owner is an individual, or up to seven years if the property belongs to a legal entity. The owner cannot terminate the contract early without valid grounds.
Duration and renewal of temporary contracts
Unlike long-term rentals, temporary contracts are not subject to minimum or maximum duration requirements. The period of occupancy is determined by agreement between the parties. For example, if the rental is for 18 months for work purposes or for a month’s vacation, both parties are free to set these terms. If it becomes necessary to extend the stay after the initial term, the parties may sign a new contract or modify the terms of the existing one.
How many times can temporary contracts be concluded with the same tenant
The law does not set a limit on the number of temporary contracts that can be signed with the same tenant. However, if such contracts are renewed consecutively without objective reasons confirming the temporary nature of the stay, the rental may be recognized as permanent. In this case, the relationship will be governed by long-term rental rules, including the tenant’s right to extend their stay.
