Seasonal rentals in Spain: how to keep a temporada contract legal
When you can use a Spanish seasonal (temporada) rental contract, what the LAU requires, how it differs from tourist lets, and the mistakes that invalidate it.
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.