Do you want to use your property for seasonal rental?
Seasonal leasing should not be confused with the leasing of tourist accommodation, which, in any case, requires a tourist licence. A seasonal lease is defined in the law as a lease where the tenant does not need to settle permanently in the residence. This is a very ambiguous concept.
The law tells us that there are seasonal contracts, which are leased for the summer season. It can also be a seasonal lease, the typical one that is hired by hotel and catering staff who travel to another island to provide their services during the tourist season.
In Spain, there is a legal principle that contracts are what they are and not what the documents say.
This means that many contracts are described as seasonal, concluded for 11 months, because it is thought that as it is less than a year, it is not subject to the Urban Leases Law and the consequent extensions established in the law. This is a mistake. It is a failure, as practice shows us that thousands of contracts were concluded as seasonal contracts years ago. The tenants continue to occupy the house because they are definitive contracts subject to the Law on Urban Leases and the extensions established in the law.
In conclusion, it is necessary to go to a lawyer who, given the circumstances of the future tenant, can assess whether he or she is, in fact, in a position to benefit from a seasonal contract.
Another type of rental recently introduced in the Balearic Islands is ‘Coliving’, which allows you to enjoy private areas of a property and, at the same time, enjoy common areas with other tenants.
This new formula is pending regulatory development and will undoubtedly introduce some confusion with tourist accommodation and seasonal rentals. So, once again, the services of a lawyer in this area to guarantee the security of your property are necessary.
Answered by: D. Manuel Montis
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