What is seasonal rental: legal and practical guide for owners

In the changing real estate sector, seasonal rental has positioned itself as a flexible and profitable option for owners. But, what exactly is seasonal rental and how does it differ from other forms of leasing?

Seasonal rental, according to article 3.2 of the Ley de Arrendamientos Urbanos (LAU), is a temporary contract for an urban property intended for a non-permanent stay of the tenant, with a specific and time-limited purpose.

Pillars of seasonal rental

• Clear temporality: the contract establishes a limited and agreed duration, generally over a month but not exceeding a year, with a justified reason for the stay.
• Specific purpose: reasons such as work, studies, medical treatments, or extended vacations.
• Not habitual residence: the property is not the tenant’s main home, who maintains another habitual residence.

Since they are contracts for purposes other than habitual residence, these leases offer greater contractual flexibility.  Explore our custom contracts  and choose the option that best suits your business.

Practical examples of justified causes:

• Temporary work: 6-month employment contract in another city.
• Studies: University enrollment or professional course.
• Medical treatments: Scheduled surgery or rehabilitation.
• Extended vacations: 2-3 month sabbatical.
• Personal projects: Research or volunteering.

Each case must be documented in the contract to avoid inspections.

Seasonal rental vs tourist rental

This distinction is fundamental to comply with the regulations:

• Regulation: seasonal rental is governed by the state LAU, while tourist rental depends on regional and local regulations, with requirements such as licenses and specific registrations.
• Services: tourist rentals usually include hotel or hotel-related services, while seasonal rentals have ancillary services agreed upon separately.
• Duration and purpose: tourist rental is usually for short recreational stays; seasonal rental, for longer periods and professional or educational purposes.

Avoiding the use of seasonal rentals as a covert form of tourist rental is vital to avoid penalties.

How to ensure the legal validity of seasonal rentals

• Clearly specify the cause of temporariness in the contract, with supporting documentation if possible.
• Define exact start and end dates without ambiguities.
• Include a clause where the tenant declares that they will not habitually reside in the property.
• Attach a detailed inventory of the furniture and fixtures, with photographs for conflict prevention.

Key differences with renting a primary residence

Whereas the rental of a primary residence seeks permanence and has broad legal protection and a mandatory minimum duration, seasonal rental is based on a temporary stay, without the right to automatic renewal; at the end of the contract, the property must be vacated.

The legal future of seasonal rentals and management with Traveler’s Register Part

The proper management of a seasonal rental includes the legal identification of tenants and their possible registration with authorities. Regulation in Spain could extend the obligation to register occupants, as already happens in other types of accommodations.

With Registro Parte Viajeros, owners can simplify and automate the check-in process, ensuring that guest information is managed quickly, securely, and in accordance with the law.

Legal Trends 2025

The government is considering requiring registrations for temporary tenants similar to the Real Decreto 933/2021 for tourist accommodations. Digital tools like Registro Parte Viajeros are already preparing owners for this regulation.

Conclusion

Seasonal rental is a modality that offers flexibility and profitability for owners, as long as the applicable regulations are known and followed. Well-drafted contracts and efficient management are the foundation to avoid legal problems and maximize benefits.

If you want to optimize the management of your short-term rentals with secure and reliable digital solutions, consider specialized tools designed to facilitate compliance and improve your tenants’ experience.