Long term rental Spain & seasonal rental Spain
If you want to know what is considered long term rentals in spain, you cannot miss this article, keep reading and all your doubts will be cleared. Here is a list woth differences between long term rentals in spain and winter lets in spain
Many people has a confussion about what does long term rentals Spain mean and how long is a long term rentals spain. Well we have the answer of this question and we will explain you here.
1) What does long term rental mean in Spain?
This question arises because rentals in Spain are colloquially called long term rentals or short term rental ( winter rentals , seasonal rental) as opposed to long term rental.
It is not the period of time of the contract (6 months, 1 year ...) but the purpose for which the house is rented that determines whether a contract is long-term or short-term (to which different legal consequences)
So a long term rental contract is intended for what will be the tenant's HABITUAL home.
That is, where you will develop your normal life for an extended period of time. You can register, ask for empadronamiento, establish address, etc. in the house. These contracts are for 1 year, extendable to 5 (if required by the tenant)
So There is just one way to get the difference between the two contracts and this is not in the time for which it is rented but destination is to satisfy the permanent housing need of the tenant,
This means that it will be a housing lease contract that, regardless of its duration, will enable the tenant to inhabit said housing indefinitely as their main and permanent home.
It is a contract whose rent falls on an urban, habitable house, whose primary destination is to satisfy the permanent housing need of the tenant.
2) What defines a short term rental?
What defines a shoe term rental is when the house rented is not going to be considered the tenant's home, but is rented to live in it temporarily (since his home is in another place, in another dwelling, to which he intends to return sooner or later, once conclude your need to be in "that place") then we talk about seasonal leasing.
3) Is there any minimum or maximum period for seasonal rental o long term rental ?
The answer is No. In seasonal housing leases, the duration is not defined by law.
In principle, we could have a seasonal contract of, for example, a year and a half, if it is clear that the purpose for which the tenant wants the home is for that duration (a job, for example).
Therefore, the parties will establish the duration of the seasonal contract.
Likewise, it is the parties that may agree to extensions to that initial duration, advance notices to leave the property,
These seasonal contracts are subject to the following rules, and in the following order:
Clauses of the lease agreement agreed by the parties: except in matters of guarantee and formalization of the contract, the next source that the parties must adhere to is what they have agreed in the lease.
Title III Urban Leasing Law: in case any aspect has not been regulated by the parties or by Title I and IV LAU, then the content of Title III LAU will apply, which deals with the following aspects (sale of the property , works, preferential acquisition, assignment and sublease, death of the tenant, compensation and termination of the contract).
Civil Code , with a supplementary nature: finally, if none of the previous sources will help to elucidate a problem, it will be necessary to resort to the regulations of the Civil Code on the particular that is being dealt with.
4) what are the most important legal consequences between both contracts?
A ) the duration of the rental agreement
seasonal contracts are not extendable for 5 years as in the long term contracts. The short term contract ends when the term that the parties agreed to in the contract ends
B) The bail
In seasonal rentals contracts the deposit will be two months instead one month for long term rental contracts