Understanding the types of rental contracts in Spain is essential to ensure legal clarity for both landlords and tenants. At Toscanolex, we break down the main categories from a legal and practical perspective.
Types of rental contracts based on property use
The key factor is not how long the contract lasts, but how the tenant uses the property. This legal distinction defines the type of rental agreement.
Primary residence rental contract
This applies when the property is the tenant’s main home. According to Spain’s Urban Leases Act, the tenant has the right to stay for up to five years (seven if the landlord is a legal entity), regardless of the initially agreed term.
Non-habitual residence rental contract
This type of contract is for properties not used as a primary residence. It lacks the protections provided in primary residence contracts, such as mandatory extensions or deposit limitations.
Holiday rental contract
These agreements apply to short-term stays, typically under two months, and are designed for tourism. In regions like Andalusia, holiday rentals must be registered and meet specific regulatory requirements.
Common mistakes about rental contract types
Many landlords believe the contract type depends on its duration. Wrong: what matters is the tenant’s actual use of the property. Misclassifying the contract can lead to legal disputes or fines.
Why professional legal advice matters
At Toscanolex, we draft legally sound contracts tailored to your situation. Our team helps you prevent legal risks and ensures full compliance with Spanish property law.
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Website: www.toscanolex.es
Phone: +34 951 20 45 95
Email: info@toscanolex.es
Website: www.toscanolex.es
Instagram: www.instagram.com/toscanolex
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