Tenant rights: habitual vs seasonal rental in Spain
As a tenant in Spain, it is essential to distinguish between a habitual rental and a seasonal rental. The type of contract affects minimum duration, automatic renewal, rent updates and who must pay for repairs. Here you will find a practical guide to understand your rights and obligations as a tenant, what to expect about maintenance and repairs, and concrete steps if habitability issues or nonpayment arise. I also explain when and how to go to the courts or alternatives like mediation, and which deadlines must be met. The information is based on the Urban Leases Act[1] and on civil procedures applicable in Spanish courts[2].
Habitual rental vs seasonal rental
The habitual rental is intended for continuous residence and usually offers greater protection to the tenant: minimum terms, renewals and limits to rent increases according to the LAU. The seasonal rental is agreed for a specific time for uses such as temporary work or tourism and has different rules on duration and termination. Before signing, review the duration clause, renewal conditions and maintenance obligations.
Duration, renewals and eviction
In habitual housing contracts the law establishes minimum terms and rules for renewal; in seasonal contracts the parties agree the end date. If there is nonpayment, the eviction procedure is processed through civil courts in the Court of First Instance[2], with specific deadlines and formal requirements.
Rent updates
Rent updates must respect what is agreed in the contract and the applicable rules; in many cases they are linked to the CPI or another index set by agreement. Review the clauses and keep proof of payments and communications.
Responsibilities and repairs
Basic maintenance corresponds to the landlord unless the contract states otherwise for small repairs resulting from ordinary use. It is important to distinguish who pays what and how to make a claim.
- Necessary repairs to preserve the dwelling are the landlord's responsibility.
- Minor repairs due to wear and tear are the tenant's responsibility if agreed.
- Payment of supplies or services contracted by the tenant.
- Security deposit and refund at the end of the contract according to inventory.
- Notify damages in writing and request a solution within a reasonable time.
What to do if there are problems
If the landlord does not carry out an urgent repair or there is nonpayment, document everything, communicate in writing and, if necessary, start judicial actions or mediation. Keeping evidence increases your options and protects your rights.
Frequently asked questions
- Can I terminate a seasonal contract before the agreed date?
- It depends on what is agreed in the contract; in many cases withdrawals are allowed with prior notice and possible agreed penalties.
- Who covers urgent repairs such as a water leak?
- Urgent repairs to prevent greater damage are usually the landlord's responsibility, unless it is proven that the cause was the tenant's fault.
- What deadline do I have to respond to an eviction notice?
- Deadlines are determined by the Civil Procedure Act and vary according to the procedural phase; consult official information or seek legal advice so as not to lose rights[2].
How to
- Document the issue: dates, photos and receipts.
- Notify the landlord in writing requesting repair and a reasonable deadline.
- If there is no response, request an official report or go to the Court of First Instance.
- Consider mediation or legal advice before filing a claim.
Key takeaways
- Know whether your contract is habitual or seasonal to understand your rights.
- Always document and communicate any issues in writing.
- Seek official or legal help if there is a risk of eviction or habitability problems.
Help and resources
Official links to consult the law, forms and court guides.[3]
- Consult the LAU on BOE
- Forms and templates at the Ministry of Justice
- Guides and rulings at the Judiciary
