Tenants: Tourist Rentals and Licenses in Spain
If you are a tenant or renter in Spain and wonder how tourist rentals affect your home or contract, this guide explains practical steps and rights. You will find what licenses owners may need, how to check if the activity is legal in your building, and what to do if you receive a notice or suffer disturbances. It also details options to claim repairs, negotiate with the landlord or inform authorities. We will avoid jargon and give concrete actions, action models and key deadlines to protect your home and your rights as a tenant in Spain. Follow these steps to act with confidence.
What is a tourist rental and how does it affect tenants?
A tourist rental consists of leasing a home for short stays for tourism. Although the Urban Leases Act regulates long-term housing contracts, tourist offers may imply a change of use or an activity incompatible with the lease and with building coexistence.[1] If your building loses stability or tourist flats are advertised, noise, turnover of people and cleaning issues may increase.
Licences and owner obligations
Owners who run a tourist flat usually need registrations or licences from the autonomous community or town hall and must comply with safety and neighbourhood rules. As a tenant you can check documents and demand information when the activity affects your home.
- Check municipal licence and registration if you suspect tourist activity.
- Request repairs and maintenance if tourist activity damages installations or habitability.
- Ask the owner in writing for information about the activity and the safety measures taken.
Tenant rights and steps
As a tenant you have basic rights to habitability and peaceful use of the dwelling. If the owner’s activity violates those rights, you can seek an amicable solution and, if there is no response, file administrative or judicial claims.
- Request urgent repairs in writing and set a reasonable deadline.
- Negotiate rent reduction or compensation if habitability is affected.
- Send a formal notice to the landlord describing the issues and requesting measures.
- Gather photos, messages and receipts as evidence of disturbances or damages.
- Go to the Court of First Instance or file an administrative complaint if appropriate.
Frequently Asked Questions
- Can the owner convert my building into tourist flats and force me to leave?
- Not automatically; the owner cannot evict the tenant without following legal eviction procedures and respecting the contract and established deadlines.
- What can I do if there is excessive noise or constant turnover of guests?
- Document the disturbances, record dates and times, inform the owner and the homeowners association in writing, and claim repair of the damage or coexistence measures.
- Where are disputes related to tourist rentals resolved?
- Civil claims are handled in the Court of First Instance; administrative breaches can be directed to the local authority.[2]
How to
- Check if there is an official licence or registration for the tourist rental and save screenshots or documents.
- Gather chronological evidence: photos, videos, messages and incident logs with dates.
- Send a formal complaint in writing to the landlord and file with the community if appropriate, indicating deadlines to resolve.
- If there is no solution, consult guidance services and prepare documentation for a claim or complaint in court.
Key takeaways
- Collect and keep all documentation and evidence related to the issue.
- Act within legal deadlines and notify in writing to create a record.
- Seek official advice if the conflict cannot be resolved amicably.
Help and support / Resources
- Consolidated text of Law 29/1994 on Urban Leases (BOE)
- Information on civil procedures and evictions (Ministry of Justice)
- Judicial Power portal for procedures and guidance
