How does seasonal rental work?

Aug 4, 2020 |

If you only want to rent a home for a short period of time for work or school, a seasonal rental contract is a good option. We'll explain it here.

The Urban Leasing Law (LAU) divides leases of urban properties into "residential leases" and "leases for non-residential use."

Residential leases are those intended to "satisfy the tenant's permanent housing needs." The regulations governing them are more protective of the tenant.

Leases "for non-residential use" include all other leases: offices, business premises, parking, and yes, even seasonal residential leases. The main difference in these contracts is that both parties freely agree on the terms.

What is a seasonal rental?

A seasonal lease is a type of lease that arises from an accommodation need that justifies the contract. To properly execute a seasonal lease, the most important thing is that there is a real reason justifying the contract and, very importantly, that this reason is expressly stated in the contract. Some more detailed examples:

• Accommodation for displacement caused by work reasons

• Accommodation for medical reasons of oneself or a family member

• Accommodation for the execution of works in the habitual residence

• Accommodation for study or training purposes

• Accommodation even for holidays or rest

The legislator's basic criterion will be that the tenant does not need such protection because he or she already has a property that covers his or her permanent housing needs.

The negotiation of the various clauses in this type of contract is based on a free agreement between the parties, and the legislator is very unrestrictive regarding these clauses, as explained in the previous paragraph. Even so, at Albium- Properties in Barcelona, we strive to prepare balanced contracts that satisfy both parties.

Advantages of Seasonal Rentals

From Albium – Properties in Barcelona through its dedicated website At ruralmontseny.com, we offer seasonal accommodations in the city of Barcelona to our clients and also offer brokerage and property management services for owners interested in this type of rental.

The main advantage for tenants is the ability to rent a home in Barcelona for a temporary stay. Seasonal homes are furnished and equipped, more comfortable than hotels, and offer privacy and tranquility, all at a better price.

The main advantage for owners is obtaining a return on their investment, often higher than the rent for a primary residence, and with the possibility of vacating the property in a few months (if the contract length so requires) and not waiting for the 5 or 7 years offered by a primary residence rental through the LAU.

FAQs about seasonal rentals

How long does it last?

The duration is as long as the parties agree upon: there is no minimum or maximum. A short-term rental is just as temporary as one lasting several years. The important thing is that there is a justifiable reason for the temporary nature (work transfer, studies, medical treatment, etc.). However, if the seasonal period is less than 31 days, this type of contract may conflict with a tourist stay, which is not regulated by the LAU (Law of Urban Development Law) and requires a special license granted by the city council.

How do extensions work?

There are no extensions unless the parties have expressly agreed to them.

When can the tenant leave?

You are obliged to comply with the entire agreed term, unless termination powers have been agreed upon.

When can the landlord recover his apartment?

The landlord is also obligated to comply with the contract. Only in the event of a breach by the tenant can the landlord terminate it.

Should a deposit be left?

Yes, two months' deposit, in accordance with Article 36 of the LAU (Law of Arbitration for the Protection of Personal Data). The parties may agree on additional guarantees.