Seasonal rental is a very useful legal tool… if used correctly. We draft contracts with a justified seasonal cause so you avoid penalties and legal fraud.
The key to a valid seasonal rental lies in the cause and the drafting. We help you do it correctly, without dangerous shortcuts.
With Barcelona declared a stressed market area and rents capped, many landlords are turning to the seasonal rental as an alternative to a primary-residence tenancy. It is a perfectly legal and very useful arrangement for students, relocated professionals or stays during works, but only if there is a real, documented seasonal cause. Using it as a mere shortcut to dodge the primary-residence housing regulations is a fraud of law that can end in penalties and in the conversion of the contract. Our job is to make your contract solid enough to withstand any inspection.
We document the real reason for the temporality (studies, work, relocation) and add the evidence to the contract so it withstands any inspection.
We explain which arrangement applies to your case and its legal, tax and licensing implications, so you don't incur infringements.
Every seasonal contract is drafted to fit the specific case. No templates: we document the cause, set the duration and strengthen the clauses so the transaction is solid before the authorities.
I want a seasonal contractThese are the cases where the temporality is justified and the contract is fully valid:
We draft a solid seasonal contract for you, compliant with Barcelona's regulations.
A seasonal rental is intended for a temporary, justified need of the tenant (studies, work, medical treatment), not their permanent residence. It is governed by the contract terms and by the LAU as a use other than housing, without the mandatory extensions of up to 5 years or the rent caps of the stressed area.
Because if there is no real, documented seasonal cause, the authorities or a judge may reclassify the contract as a disguised primary-residence rental, with mandatory extensions and possible penalties. In Barcelona, a stressed area, this is the point most often inspected.
There is no fixed legal maximum: what defines a season is not the duration but the cause. They usually range from a few weeks to 11 months (academic year, work project, etc.). The key is that the duration matches the accredited temporary need.
No. A tourist rental requires a licence (HUT) and is governed by specific regulations with stays of a few days. The seasonal one covers medium stays for a specific reason. Confusing them can lead to serious penalties; we help you use the correct arrangement and, if applicable, assess commercial use.
Depending on the case: university or master's enrolment, a temporary employment contract or a company relocation letter, documentation of works in the tenant's primary residence, or proof of medical treatment. We attach the evidence as an annex to the contract.
The income is taxed in income tax as income from real estate capital, but without the reduction applicable to a primary residence. The deposit must also be lodged with the INCASÒL. We integrate the contract with your tax planning.
If the contract is well drafted, with an accredited cause and a coherent duration, no. The risk arises with generic contracts or chained renewals without cause. That's why we draft each contract tailored to the specific case.