Tenant Claims for Tourist Rentals in Spain

Tourist lets vs seasonal lets 3 min read · published September 11, 2025

You live in a rented flat in Spain and suspect the building or dwelling is being offered as a tourist rental without the required licenses. As a tenant you have basic rights to habitability and peaceful enjoyment that can be affected by this activity. This guide explains, in clear language, the steps to take: how to speak with the landlord, what evidence to collect (photos, messages, receipts), what deadlines to respect and when to go to the Town Hall or the Court of First Instance to file a complaint. We also indicate useful documents and official resources so you can act confidently and protect your rental agreement without needing a lawyer.[1]

What is a tourist rental and how does it affect you?

A tourist rental is the temporary letting of a dwelling to travelers for short periods. When carried out without a license or with a high guest turnover it can cause disturbances, noise, damage to common areas and safety risks that affect long-term tenants.

In many cities, tourist rental activity requires a municipal license and may be subject to zoning limits.

How to claim as a tenant

Before pursuing administrative or judicial routes it is useful to know the legal basis: the Urban Leases Act and municipal rules regulate uses and licenses in Spain.[2] Start by documenting, communicating and requesting the Town Hall's intervention if there is a breach of local ordinances or lack of license.

  • Contact the landlord in writing and request information about the license and the activity.
  • Gather evidence: photos of listings, proof of check-ins and check-outs, messages or receipts that show the activity.
  • If the problem continues, file a complaint with the Town Hall responsible for tourism or urban planning.
Keep all communications and copies of listings to prove the activity before authorities or in court.

How to claim

  1. Collect and organize the evidence: photos, listing captures, receipts and a chronological incident log.
  2. Send a formal communication to the landlord (burofax or certified letter) and copy the Town Hall.
  3. If there is no resolution, bring administrative actions or a civil claim before the Court of First Instance to protect your contract and request measures.[3]
Respond to notifications and administrative or judicial deadlines so as not to lose rights during the process.

Frequently Asked Questions

Can I demand the removal of a tourist rental in my building?
Yes, you can ask the Town Hall to verify the existence of a license and to act if the activity is illegal or harms coexistence.
What evidence should I provide?
Photos of listings, dated screenshots, records of entries and exits, messages to the landlord and receipts that demonstrate the tourist offer.
How long does a judicial process take?
Timelines vary depending on the court's workload and case complexity; an administrative route is often tried first and, if needed, the civil route before the Court of First Instance.

How to claim (step by step)

  1. Document the activity and note key dates.
  2. Communicate in writing to the landlord and request municipal intervention.
  3. File an administrative complaint or civil claim if there is no solution.

Help and resources

  1. [1] BOE - Consolidated text of the LAU
  2. [2] Ministry of Justice - Information and procedures
  3. [3] Judicial Power - Courts and procedures

Categories

Tenancy types (primary home, seasonal, student) Term length and renewals (LAU) Tenant early termination (notice and penalty) Landlord non-renewal (grounds and deadlines) Legal deposit and regional lodging Additional guarantees (surety, rent guarantee) Initial rent, stressed areas & reference index Annual rent updates (caps and indexes) Bills & charges (HOA, property tax, utilities) Repairs & upkeep (who pays what) Works and improvements during tenancy Inventory, condition report & keys Landlord access & viewings Subletting & assignment Pets, noise & neighbour relations Municipal registration (padron) & address Social/affordable housing (VPO/VPP) Rent assistance (Youth bonus & regional) Eviction for arrears or end of term Claims & mediation (consumer offices) Unfair terms & nullity Contract registration & taxes (RLI, ITP) Energy performance certificate (EPC) Tourist lets vs seasonal lets Habitability, damp & unhealthy conditions Accessibility and reasonable adjustments Data protection & tenant documents (GDPR)
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Spain

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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