Types of rent in Spain

In Spain, rental properties can be broadly categorized into several types, each with specific purposes, regulations, and legal frameworks. Here’s a brief explanation of the main rental types:

1. Permanent Residential Rental (Alquiler de Vivienda Habitual)

• Purpose: For the tenant’s permanent and habitual residence.
• Regulation: Governed by the Ley de Arrendamientos Urbanos (LAU) (Urban Leases Act).
• Key Features:
  • Minimum duration of 5 years (7 years if the landlord is a legal entity).
  • The tenant has the right to mandatory extensions during this period.
  • The landlord can only terminate under specific conditions, such as needing the property for personal use.

2. Seasonal or Temporary Rental (Alquiler de Temporada)

• Purpose: For temporary use linked to a specific need, such as work, studies, or medical treatment.
• Regulation: Also governed by the LAU but under Article 3.2, for “use other than habitual residence.”
• Key Features:
  • Must specify a fixed duration and reason for the temporary nature.
  • Does not grant the tenant the rights associated with permanent housing.
  • Often used for mid-term stays (several months).

3. Tourist or Holiday Rental (Alquiler Turístico)

• Purpose: Short-term stays for leisure, recreation, or vacations.
• Regulation: Governed by regional and local laws, not the LAU.
• Key Features:
  • Properties must be registered as tourist accommodations.
  • Duration is typically a few days or weeks.
  • The owner may need to provide additional services, such as cleaning or maintenance.
  • Subject to stricter controls and tax obligations (e.g., VAT in some cases).

4. Commercial Rental (Alquiler Comercial)

• Purpose: For business use, such as offices, retail stores, or warehouses.
• Regulation: Governed by the LAU, under agreements for “uses other than housing.”
• Key Features:
  • Terms are more flexible and negotiated between parties.
  • No minimum or maximum duration is required by law.

5. Subletting (Subarriendo)

• Purpose: A tenant rents out part or all of the property they lease.
• Regulation: Allowed under specific conditions in the LAU and with the landlord’s written consent.
• Key Features:
  • Only partial subletting is permitted for permanent residential rentals.
  • The sublet contract must comply with the same rules as the main rental agreement.

6. Rural Rental (Alquiler Rural)

• Purpose: For rural properties, often for tourism or agricultural use.
• Regulation: Governed by regional laws and specific contracts.
• Key Features:
  • Used for vacation stays or farming activities.
  • May require special permits for rural tourism properties.

7. Social Housing Rental (Alquiler de Vivienda Social)

• Purpose: To provide affordable housing to low-income families.
• Regulation: Governed by regional housing policies and public housing laws.
• Key Features:
  • Typically subsidized by the government.
  • Tenants must meet specific eligibility criteria.

8. Shared Housing or Room Rental (Alquiler de Habitaciones)

• Purpose: Renting individual rooms in a shared property.
• Regulation: Not explicitly governed by the LAU but often treated as a private agreement.
• Key Features:
  • Contracts usually specify individual terms for each tenant.
  • The landlord retains greater flexibility compared to full-property rentals.

Key Considerations Across All Types

• Documentation: Rental agreements should always be written and clearly define terms such as duration, price, and use of the property.
• Regional Variations: Autonomous communities in Spain have additional regulations, especially for tourist and rural rentals.
• Tax Implications: Different rental types are subject to varying tax treatments, such as VAT for tourist rentals or reductions for permanent residential rentals.

Understanding the type of rental and its corresponding legal framework is essential to ensure compliance with Spanish law and protect the rights of both landlords and tenants.