Finding a rental flat and discovering that the landlord only offers a eleven-month seasonal contract has become a common situation in the Spanish real estate market. This arrangement allows a home to be rented for a limited period, but it has also generated doubts among those who need a stable address and find contracts that do not reflect the real use they are going to make of the property.
The main difference is the purpose of the letting, not simply its duration. A seasonal contract is intended to cover a transitory housing need, such as a move for studies or work. Instead, when the tenant needs the flat in order to establish their usual residence, the corresponding protection regime for this arrangement must be applied, regardless of whether the document is called temporary rent.
The matter takes on special importance after the reform of the Law on Urban Leases (LAU) introduced by Royal Decree-Law 29/2026, of 6 October, which has just been ratified by the Congress of Deputies on the past 12 November. The regulations establish new obligations for landlords and limit the use of temporary contracts without a real reason that justifies them.
Among the main changes is that the lessor must prove the reason for the temporariness. If there is no valid cause duly included in the contract, the letting may, from the outset, be subject to the rules applicable to the usual dwelling.
An eleven-month contract does not necessarily mean that it is temporary
One of the first aspects that the tenant should review is the reason why a seasonal contract is being offered. The legislation considers temporary rent to be that intended for a person who is displaced from their usual home due to a justified and verifiable circumstance.
For example, it may be valid when a student needs housing during an academic term or when a worker moves to another city to carry out a project with a determined duration. What matters is that there is a genuine temporary need.
However, it is not enough that the contract indicates a duration of six, nine or eleven months. If the tenant intends to live in that property in a stable manner and there is no reason to justify their temporary stay, the classification chosen by the landlord does not, by itself, determine the applicable legal regime.
The new regulation requires expressly including in the contract the reason that motivates the temporary move and establishes that it is up to the landlord to prove its existence.
The reform also sets that these contracts must have, as a general rule, a duration of more than 31 days and not exceeding twelve months, although it allows exceeding that limit when a reason for temporariness duly justified persists.
In addition, if more than two consecutive temporary contracts are linked between the same parties and for the same dwelling, the first will be considered to be a normal lease. The same will happen when the period of twelve months is exceeded without a valid justification.
What rights do you have if the apartment is your usual residence
The difference between the two types has especially important consequences for the tenant’s stability. In usual dwelling contracts, the LAU recognizes a minimum duration of five years when the owner is a natural person and of seven when it is a company, through the system of mandatory extensions, except for the legally provided exceptions.
This does not mean that all contracts must initially be signed for five or seven years. The parties may agree on a shorter duration, but as a general rule, the tenant has the right to remain until reaching those minimum periods if they wish to continue living in the dwelling and comply with their obligations.
When that period ends, additional extensions of up to three years may also apply, in addition to the extraordinary ones contemplated in certain scenarios.
By contrast, a truly temporary rent has a duration linked to the temporary need that justifies it and does not enjoy the same right of staying in place.
That is why, accepting a seasonal contract when the apartment is going to be the permanent home can generate problems when the due date arrives. The landlord could demand delivery of the dwelling, while the tenant would have to show that the relationship has the characteristics of a normal lease.
Deposit, agency fees and price increases: what to check before signing
The type of contract also influences the amounts that the landlord may demand. After the October reform, temporary housing leases are subject to the rules of housing rent with regard to guarantees, rent and other expenses.
The law establishes a monthly rent payment as an обязательatory deposit for housing leases. It also allows additional guarantees to be agreed upon within legal limits: up to two monthly payments in the usual contracts of ordinary duration and up to one additional monthly payment in temporary rentals.
Another element that is worth reviewing are the real estate agency fees. Current legislation establishes that real estate management and contract formalization costs cannot be passed on to the tenant, either directly or indirectly through other concepts.
Therefore, it is advisable to be distrustful of clauses that require paying additional amounts under names such as administrative expenses, contractual management or contract formalization services.
The conditions for updating the price must also be reviewed. Rent cannot be modified freely during the term of the contract, but must respect the mechanisms provided for by law. The new regulation also limits, using the reference index IRAV, certain increases between successive temporary contracts for the same dwelling.
If the property is located in a area declared as a stressed residential market, there may be additional restrictions on the initial price, depending on the circumstances of the landlord and the dwelling.
What to do if you have already signed a seasonal contract and live there all year
If the tenant has already signed a temporary contract, but uses the flat as a permanent home, the first thing is to review the date the contract was entered into and the actual circumstances of the rental.
This is especially important because the October 2026 reform establishes a transitional regime. Seasonal contracts entered into before it comes into force generally keep the previous legal regime until the agreed term ends. Subsequent renewals, on the other hand, are subject to the new regulation.
In any case, the use of a temporary contract to disguise a habitual housing relationship could already be questioned before this reform, so it is necessary to analyze each specific situation.
To defend their rights, the tenant should keep the original listing for the property, the rental agreement, the payment receipts, and the conversations with the landlord or the real estate agency. Documents that prove the residential purpose may also be useful, such as utility bills or communications in which the intention to live permanently in the home is stated.
The registration of residence can serve as an indication of the use of the property, but it does not, by itself, convert a temporary rental into a long-term one nor does it automatically determine the validity or nullity of a clause.
If the landlord refuses to acknowledge the residential nature of the agreement, the tenant may seek legal advice, contact a consumer organization, or consider a court claim so that the applicable regime is determined.
What they should not do is stop paying the rent unilaterally or ignore any formal request, since these actions could complicate their legal situation.
The five clauses you should review before renting
Before handing over a deposit or signing a contract advertised as temporary, it is advisable to check five fundamental issues: the purpose of the lease, the specific reason that justifies its duration, the renewal conditions, the expenses and guarantees required, and the rules on updating the rent.
It is also recommended to request a complete copy of the document in advance and make sure it correctly reflects the circumstances agreed with the landlord.
The main warning is that a contract for eleven months is not automatically converted into a seasonal rental merely by setting that end date. The legislation requires that there be a real, verifiable cause that is consistent with the use that will be made of the home.
With the reform of the Urban Leases Act already validated by Congress, landlords must justify that temporariness with greater precision. For tenants, the key is to check that the contract meets their true housing need and does not entail a hidden waiver of the legal guarantees to which they are entitled.