Tourist Rentals and Tenant Rights in Spain
As a tenant in Spain, it is natural to wonder whether tourist or seasonal rentals affect your rights. Many owners advertise accommodations by days or weeks, but legality depends on municipal ordinances, the autonomous community and the license the dwelling holds. This article clearly explains what distinguishes a tourist rental from a seasonal rental, what obligations owners have regarding licenses and habitability, and what measures a tenant can take in case of irregularities, rent increases or eviction attempts. You will find practical steps, references to the Urban Lease Act and official resources to assert your rights without being a legal expert.
Is tourist rental legal?
Tourist rental is legal when it complies with regional and municipal regulations and the property has the required license. In many cases the Urban Lease Act regulates housing leases, but tourist activity requires additional administrative procedures and licenses that the owner must hold.[1] Lack of license can lead to municipal sanctions and limit the protection a regular lease provides.
Regulation of tourist rentals varies between municipalities and autonomous communities.
Licences and landlord obligations
Owners offering their property as tourist accommodation must obtain the registration or license required by their autonomous community and comply with safety and habitability standards. They must also respect the building's use restrictions and homeowners' association rules.
- Request from the landlord a copy of the tourist license (rent) and proof of payments.
- Ask for documentation about installations and habitability certificates (repair).
- Review the contract and ensure it reflects conditions, dates and duration of the rental (notice).
If you suspect irregularities, document everything and request information in writing from the landlord.
Practical tips for tenants
As a tenant, your goal is to protect your right to housing and avoid surprises. Keep evidence and act calmly and consistently.
- Document the property condition with photos, videos and payment receipts (evidence).
- Request repairs in writing and keep copies of communications (repair).
- Do not sign changes that reduce your rights or accept rent increases without legal basis (warning).
Always keep your rent receipts well organized.
Frequently Asked Questions
- Does a tourist rental always need a license?
- Not always; it depends on local rules and the use of the property: some regions require registration or licensing and others regulate offering limits.
- Can the landlord convert my long-term rental into a tourist rental?
- No without respecting the existing contract; an effective conversion requires observing contractual deadlines and notices and cannot infringe tenant rights.
- What can I do if the landlord starts eviction for tourist use?
- Document the situation, seek advice, notify in writing and, if appropriate, request judicial protection at the Court of First Instance.[2]
How to proceed
- Verify the license and request a copy from the landlord (notice).
- Document the property condition and keep all receipts and communications (record).
- Send a written complaint requesting regularization or repairs and keep proof of delivery (notice).
- If there is no response, file a claim at the Court of First Instance.[2]
Key Takeaways
- Legality of tourist renting depends on local and regional licenses.
- Documenting payments and condition strengthens any claim.
- If necessary, use the Court of First Instance to protect your rights.
Help and Support
- Ley 29/1994, de Arrendamientos Urbanos (texto consolidado)
- Ministry of Justice - Information and procedures
