A seasonal lease is used for stays of limited duration for work, study or medical treatment, among other reasons. It is neither a primary residence lease nor a tourist rental, and that middle position causes confusion. Understanding its regime avoids conflict with the tenant and the authorities.
What a seasonal lease is
Article 3 of the Urban Leases Act treats as a lease for a use other than housing one that concerns a building whose main purpose is not to meet the tenant's permanent housing need. The Act expressly mentions leases of urban property agreed for a season, whether summer or any other.
What defines a seasonal lease is the reason for the temporary use. If the tenant makes it their permanent residence, the contract could be classified as a housing lease, with a more protective regime.
The deposit
Article 36.1 requires a cash deposit equal to one month of rent in housing leases and two months in leases for a use other than housing. A seasonal lease therefore requires two months.
Under article 36.4, the balance of the deposit that must be returned at the end of the contract earns statutory interest if one month passes after the keys are handed over without it being returned.
How to draft the contract
- The specific reason for the temporary nature, for example a job or study placement.
- The duration and the exact end date.
- The rent and the way of payment.
- The inventory and the condition of the property.
- The deposit and how it will be returned.
The risk of wrong classification
An owner may be tempted to label as seasonal a lease that is really a primary residence one, to avoid extensions and limits. Courts examine the reality of the use and can reclassify the contract. In the same way, a rental by the day to tourists is not a seasonal contract but an activity subject to the tourism rules.
Article 5.e of the Urban Leases Act excludes from its scope the temporary assignment of homes marketed through tourist channels for profit, when they are subject to a specific sectoral regime.
Keep proof of the temporary reason, such as an employment contract, an enrolment or a certificate. Do not renew the contract repeatedly without changing the reason, because that can suggest permanent residence.
This article is general information on Spanish law and not personalised advice. Contact us to discuss your case.
Carlos Babot Horcajadas
Lawyer admitted in Málaga, no. 10.971. Partner at Babot Aranguren Abogados. More about the author.