Seasonal tenancy agreement: what it must include and a basic template

If you are going to rent out your home for a set period (a summer season, a work transfer of a few months, building work at the tenant's main home), you need a seasonal tenancy agreement, not the standard main-residence contract. They are two different legal arrangements, with different rules, and using the wrong template (or leaving important gaps) is the most common cause of problems when the tenant refuses to leave at the end of the agreed period.

What is a seasonal tenancy agreement?

Seasonal lets are governed by article 3 of the LAU (Ley de Arrendamientos Urbanos, Spain's tenancy law), within "leases for uses other than housing". The law defines it as the lease of an urban property entered into "for a season, whether summer or any other".

The legal key that sets it apart from a main-residence let is not the duration itself but the reason: the home doesn't meet the tenant's permanent need for a residence, and the tenant must have their main home somewhere else (because of work, studies, building work at their house, a temporary event, etc.).

Differences from a main-residence tenancy agreement

• Duration: there are no legal minimums or maximums. It is freely agreed between the parties, unlike a main-residence let (which does have extensions required by law).
• Deposit: two months' rent (art. 36 LAU, "uses other than housing"), compared with one month for a main-residence let.
• Rent reviews: governed by what is agreed in the contract, without the limits that apply to main residences.
• Extension: the tenant has no right to a mandatory extension when the agreed term ends.

What the contract must include to be valid

A well-drafted seasonal tenancy agreement must set out, at a minimum:

• Full identification of the parties (owner and tenant, with their DNI/NIE, the Spanish ID and foreigner ID numbers).
• An exact description of the property, including its cadastral reference.
• A specific duration: start and end date of the lease.
• The reason the let is temporary, stated expressly and, if possible, backed up (a temporary employment contract, enrolment on a course, a quote for building work, etc.).
• The tenant's main address outside the rented home.
• Rent and method of payment.
• Deposit: two months' rent, under art. 36 LAU.
• An inventory of furniture and contents, if the home is let furnished.
• Termination clauses: what happens if either party fails to comply.

The most expensive mistake: not justifying why the let is temporary

This is the point that leads to the most disputes. If the contract doesn't credibly explain why the let is temporary, or if in practice the tenant uses the home as their main residence, a judge can reclassify the contract as a main-residence lease. That brings with it all the legal protections of that regime (mandatory extensions, limits on rent reviews, longer eviction procedures), even if the signed contract says "seasonal" in the title.

That is why the more specific and verifiable the reason stated in the contract, the better protected the owner is.

Other obligations to bear in mind

The seasonal contract on its own doesn't cover all of the owner's obligations. If you are going to let regularly, you should also check:

• Guest registration on SES.Hospedajes, which is mandatory whatever the type of contract.
• If your seasonal let is in practice close to a holiday rental (very short stays, hotel-style management), check the holiday rental licence rules in your autonomous community, which may apply to you even if you don't use the word "tourist" in the contract.

You can also see how a seasonal let differs from other similar arrangements in our guide to medium-term, long-term and seasonal lets, and the valid reasons to justify a temporary let.

Would you rather someone handled it for you?

At beBalmy we draw up the contract, manage the deposit and take care of the whole relationship with the tenant during your seasonal let. Tell us about your situation and we'll tell you how we can help.