Find out which one is right for you

If you are thinking of renting out your property, these are the three most common rental agreements: for (main) residence, intended for use other than that of residence (seasonal), and tourism.

While the first type is characterised by meeting the tenant's need for an indefinite period, in terms of the fact that the residence will become their main residence over a long term.

Seasonal rentals aren't aimed for the property to become the tenant’s permanent home, but a temporary accommodation (for work, study, leisure /tourism purposes). The duration is therefore a condition, furthermore we must take into account that the occupancy is occasional.

A third type of rental agreement is the tourist one. It differs from the previous ones in the way that it was excluded from the Law of Urban Rentals (LAU). Meaning that the legislation fails to regulate this type of rental, and each autonomous community must do so, having to comply with the standards in the sectoral legislation.

On the other hand, for the rental to be considered as that of a "tourist" one, it must relate to the entire furnished property to be used immediately, through marketing and regular advertising in channels for tourism.

These details are what differentiates this kind of rental from seasonal rentals, which is not offered as a tourist apartment or provided with immediacy or regularity.

Additionally, to advertise your property as a tourist apartment, if the sectoral regulations determine, like in the Autonomous Community of Valencia, you must previously apply for a favourable urban compatibility certificate from your Town Hall, in order to have access to the register of tourist apartments at the Territorial Service of Tourism, where you will be issued with a license number, which must be included in any property advertisement.

Referring to long-term and seasonal contracts, as they are subject to the national regulations (LAU), contracts must include mandatory minimum requirements, such as the demand for a deposit, which for the use of a (main) residence will be a payment of one month, and for those intended for use other than that of residence (seasonal) will be two months.

Regarding the deposit for the use of a main residence (long term), you should know that the landlord / owner is obliged to declare the rental agreement and keep safe the deposit, which at the end of the contract, the tenant can claim back.

Lastly, there have recently been regulatory developments due to a modification of the LAU, implying that the new long term contracts are made more attractive for tenants, extending the mandatory renewal period from 3 years to 5 years. More information regarding the new regulations which will influence the new contracts can be found here.

If you would like to receive further information about your rented property, or any other legal matter, contact Pellicer & Heredia today. Email us at info@pellicerheredia.com or call (+34) 965 48 07 37.