Tenants in Spain and Tourist Rentals
If you are a tenant in Spain and live in a home affected by a tourist rental or have doubts about municipal licenses, this guide explains what steps to take. We guide you on your rights as a tenant, how to identify rentals without a license, what documentation to collect and when to contact the Town Hall or the homeowners' association. We also describe important deadlines and legal options if the tourist rental affects habitability or coexistence. You do not need to be an expert: you will find practical actions to claim repairs, file administrative complaints and prepare evidence for a possible court proceeding. It also includes examples of when to go to the Court of First Instance and references to relevant rental regulations in Spain.
What is a tourist rental?
A tourist rental is a short-term lease for temporary stays, different from seasonal or residential rent. Regulation and licensing requirements depend on the municipality and the Law on Urban Leases for aspects of coexistence and contract.[1]
What a tenant can do
- Gather evidence: photos, messages, receipts and dates that show tourist use of the flat.
- Check the municipal license at the Town Hall or local registry.
- Send a written notice to the landlord describing the situation and request measures.
- Contact the Town Hall or consumer services if you believe there is unauthorized activity.
Deadlines and remedies
Act quickly: there are deadlines to file administrative complaints and to prepare a civil claim before the Court of First Instance if appropriate.[2]
Frequently asked questions
- Can the landlord convert my home into a tourist rental?
- It depends on the contract and municipal licenses; the landlord cannot violate basic habitability rights or the conditions agreed in the contract.
- What can I claim if the tourist rental affects habitability?
- You can claim repairs, rent reduction or, in serious cases, contract termination, and you can also report it to the Town Hall.
- What evidence is useful for a complaint?
- Photos, messages, bookings showing frequent check-ins/check-outs, lodging receipts and any communication with the landlord.
How to
- Review the contract and note clauses about tourist use and prohibitions.
- Verify the existence of a municipal license by consulting the Town Hall.
- Document incidents: take dated photos, keep messages and record guest entries.
- Send a written notice to the landlord, request measures and keep proof of delivery.
- Consider filing an administrative complaint or civil claim and consult applicable procedures and deadlines.[3]
Key takeaways
- Document everything: photos and communications are essential for any claim.
- Contact the Town Hall and consumer services to confirm licenses and report irregularities.
- Act within administrative and judicial deadlines to avoid losing rights.
Help and resources
- Consolidated text of the Law on Urban Leases at BOE
- Ministry of Justice - Information for citizens
- Judicial Authority - Procedural information
