Carlos Baos – Temporary rentals

Temporary Rentals: Adaptability and Legal Pitfalls. Spanish Urban Leasing Law.

Temporary rentals can be tricky. On the one hand, they shine due to their adaptability for both lessor and lessee. On the other hand, deceit and malpractice are not uncommon. In today’s article we look at the most important aspects that you must consider when renting a property. Regardless of whether you are a landlord, or a tenant.

Temporary rentals, also known as short-term rentals, cater to limited situations. As opposed to long-term leases, that are designed for permanent residence, temporary rentals suit transient and brief needs. Let’s see this with the help of some practical examples to better understand it. Accommodation for agricultural workers during crop seasons, temporary relocations for employment reasons, or families leasing seaside residences in the warm season, etc.

What are the main contrasts between temporary rentals and permanent residences? As said, temporary leases allow for more flexible terms and must span more than 30 days (one month) but less than one year. Conversely, permanent residence leases afford tenants higher safeguard in several areas, including longer contract durations that can go up to five years if the tenant wishes so. Of course, as long as he fulfils his obligations, pays rent, etc.

As a result of the distinct legal safeguards foreseen in the Law, caution is advised when entering temporary lease agreements, regardless of whether you are a landlord or a tenant.

What should tenants be looking for when the landlord presents them with the contract? Lessees should be wary if presented with an eleven month contract. As this could be an attempt to mimic a temporary lease and limit their rights as tenants to a five-year stay. What should landlords be mindful of when a tenant wants to rent their house temporarily?

Lessors must ensure that the temporary nature of the tenant’s stay in the house is thoroughly documented and explicitly outlined in the contract. Failure to do so may result in tenants claiming the lease was for permanent residence, potentially allowing them a five-year stay.

Spanish Court Perspective.

According to the Spanish Supreme court, the primary factor in ascertaining the nature of a lease – temporary or permanent – is the motive behind occupation. This means that the contract’s duration alone is not decisive and that an eleven month lease cannot be qualified immediately as a temporary rental. It all comes down to the specific context in play. Consequently, it is advisable to steer clear of generic contracts and explicitly outline the reasons for the lease’s temporary nature.

At White-Baos Lawyers, we focus on leasing services to ensure robust contracts that safeguard our clients’ interests. Feel free to reach out for expert legal assistance on this and other matters.

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Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

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