How long can a seasonal rental last in Spain?

There is no legal minimum or maximum: it lasts as long as the cause does (a few months, an academic year…). What matters is a genuine, documented temporary need, not the length itself.

What deposit applies to a seasonal rental?

Two months' rent, versus one month for a primary residence (art. 36 LAU). Additional guarantees can also be agreed.

Do I need a tourist licence for a seasonal rental?

No. Tourist licences apply to holiday lets by the day or week under regional rules. A seasonal rental with a documented cause stays within the LAU.

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Seasonal rentals in Spain: how to keep a temporada contract legal

July 21, 20265 min read

A seasonal rental (alquiler de temporada, art. 3.2 LAU) is a lease for a use other than the tenant's primary home: a work posting, a master's degree, renovations at their own house. Done right it gives flexibility; done wrong, a judge reclassifies it as a primary-residence lease with all its mandatory extensions.

The key: a documented temporary cause

Calling the contract "de temporada" is not enough. There must be a concrete, provable reason: a temporary work contract in the city, course enrolment, medical treatment. Ask for the document and attach it to the contract. Without a real cause, the agreed duration won't protect you.

What changes vs. a primary-residence lease

Free duration: whatever you agree, with no mandatory LAU extensions.
Two months' deposit (one month for primary residence).
Rent and additional guarantees are agreed more freely.
The tenant keeps their main residence elsewhere — record it (registration, tax address).

Seasonal ≠ tourist

Tourist lets (days or weeks, marketed on Airbnb-style channels) fall under regional tourism rules and usually require a tourist licence. A seasonal let runs for months, has a cause, and stays within the LAU. Mixing them up can mean a regional fine.

Mistakes that invalidate it

Chaining seasonal contracts for a tenant who actually lives there — fraud on the law.
Not documenting the cause or the tenant's main residence.
Reusing a primary-residence template and changing only the title.

The core clauses are the same as any lease — see essential rental contract clauses — and the deposit has its own rules: how much and how it's returned.

Frequently asked questions

How long can a seasonal rental last in Spain?: There is no legal minimum or maximum: it lasts as long as the cause does (a few months, an academic year…). What matters is a genuine, documented temporary need, not the length itself.
What deposit applies to a seasonal rental?: Two months' rent, versus one month for a primary residence (art. 36 LAU). Additional guarantees can also be agreed.
Do I need a tourist licence for a seasonal rental?: No. Tourist licences apply to holiday lets by the day or week under regional rules. A seasonal rental with a documented cause stays within the LAU.

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