Temporary rentals in Spain: requirements, duration and rights in 2026

1.What is the difference between ordinary, temporary and tourist rentals?

art. 2art. 3art. 5

An ordinary home satisfies your housing need. A temporary home covers that need only while you are displaced from your habitual residence for a justified, provable cause, such as a work transfer, studies or treatment (article 2 of the LAU).

Tourist use is different: a furnished, equipped home marketed for profit and subject to the competent tourism rules. Since the reform, its maximum duration cannot exceed 31 days. Regional and municipal tourism licences and requirements still matter (article 5.e).

The signing date and actual use matter more than the words «temporary», «seasonal» or «monthly» in the listing.

2.What cause must a temporary rental prove? New

art. 7.2

The contract must expressly state why you are temporarily displaced from your habitual residence. That cause must be real and provable, and the landlord bears the burden of proving its existence (article 7.2 of the LAU).

Keep the supporting document: an employment contract or transfer letter, enrolment, academic admission, medical documents or other relevant evidence. The contract must describe the specific circumstance, not merely say «seasonal».

If the cause is not properly stated, the contract loses its temporary nature and becomes subject to ordinary-home rules retroactively to its formalisation.

3.How long can it last and how is it extended? New

art. 9 bis

The parties freely agree the duration, but it must exceed 31 days and, as a general rule, not exceed twelve months, having regard to the cause. If the reason continues at expiry, the parties may expressly agree an extension without exceeding that total, unless the temporary cause persists beyond it (article 9 bis.1).

If it lasts more than twelve months without justification in the cause, or more than two temporary contracts are novated or entered into consecutively between the same parties for the same home, the first is deemed an ordinary-home tenancy. The minimum duration and extensions in articles 9 and 10 then apply (article 9 bis.2).

4.What happens to seasonal contracts predating 8 October?

Seasonal, temporary-home or similar contracts signed before RDL 29/2026 entered into force retain their previous regime as leases for use other than a home until the agreed period ends. They then expire with no possibility of extension (the LAU's eighth transitional provision).

If renewed, the new contract falls under the current temporary-home regime. Simply changing the date on the old document is not enough: the cause, evidence and other terms need review.

5.How much are rent, deposit and guarantees?

art. 17.8art. 20.2art. 36.1art. 36.5

When successive temporary contracts are signed for the same home, later contracts cannot raise rent above the annual change in the current IRAV index (article 17.8).

The legal deposit is one month's rent. An agreed additional guarantee cannot exceed another month in temporary rentals, and rent-default insurance can never be required of you (articles 36.1 and 36.5).

Agency management and contract-formalisation costs cannot be passed to the tenant under any concept (article 20.2).

6.Who repairs, and how quickly? New

art. 21 bis

The landlord must keep the home habitable and also pay for small repairs caused by ordinary wear and tear, unlike an ordinary tenancy (article 21 bis).

Notify them as soon as you detect the problem. They have a maximum of five working days to respond. Without a response, you may repair and claim the cost immediately or, after providing justification, deduct it from the following month's rent.

7.How can I leave early?

art. 11.2art. 11.3

You may withdraw once at least one month has passed since formalisation, giving a minimum of ten days' notice. If you meet both requirements, leaving creates no right to compensation for the landlord (articles 11.2 and 11.3).

Give notice through a channel that proves its contents and receipt. On returning the keys, record the home's condition: if no end-of-tenancy document is signed, or it records no damage, adequate condition is presumed unless proven otherwise (article 36.7).

8.The law behind this guide

The current temporary-rental rules come from Royal Decree-law 29/2026, in force since 8 October 2026 and subject to validation by Congress. The LAU's twelfth additional provision also preserves applicable regional rules on temporary homes and rooms.