In the complex world of leases, the seasonal rental stands out for its flexibility and convenience for landlord and tenant. However, deception and mischief are commonplace. And behind this apparent simplicity, there are a number of nuances and legal issues that everyone should be aware of. In order to avoid situations of fraud and having problems in the future.
Seasonal leases: What exactly are they?.
Short term rentals or seasonal leases are contracts intended for very specific situations. Unlike the usual housing lease (which is long-term and for permanent residence) the seasonal rental is adapted to transitory situations. The housing of an agricultural worker during the harvest season. A temporary change of address for work purposes. A family renting a house on the beach for the whole summer. Etc.
Key differences between seasonal rental and habitual residence.
The seasonal lease is regulated in Title II of the Urban Leases Law (L.A.U). As explained, it allows the parties to agree on more flexible conditions and must have a duration of more than 1 month, but less than 1 year. On the other hand, the habitual residence lease provides greater legal protection for the tenant in several aspects. For instance, in the duration of the contract. The usual housing lease allows the tenant to remain in the property for up to 5 years, while in the temporary or seasonal lease, this is not possible.
Beware of Fraud in temporary leases.
Precisely for this reason (the difference in the protection that the law gives to one and the other) it is advisable to be very cautious when signing a seasonal rental. Whether you are a landlord or a tenant.
– If you are a tenant, and the landlord presents you with an 11-month lease. He may be trying to simulate a temporary / seasonal lease, to restrict your right to stay for up to 5 years.
– If you are a landlord, you must be sure that the tenant’s seasonality is properly documented, justified, and specified in the contract. Or you expose yourself to the risk of your tenant claiming later that the contract signed what for habitual residence. And therefore, he/she can stay in your property up to 5 years.
What do the Spanish Courts say in this matter?.
The key to determine if a rental is seasonal or habitual residence is the purpose of the occupation. That is, the reason or cause of the seasonality. Therefore, the duration of the contract is not so relevant, an 11-month lease is not automatically a seasonal lease. It will depend on the circumstances of the case. For this reason, in our firm we always advise our clients to avoid standard contracts. It is essential every time, to state the reason and motives clearly for the temporary nature of the contract.
Conclusions.
The seasonal rental is a type of contract that lends itself easily to fraudulent and abusive practices. At White-Baos Lawyer, we offer a specialised service in leases/rentals to guarantee solid contracts and protect the interests of our clients. Please do not hesitate to contact us.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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