An alternative to tourist rentals: letting under common law

In previous articles, we explained that there are several obligations if you rent out your second residence to tourists. However, this strict legislation can be avoided through common rentals.

Note: Tourism rental/holiday rental legislation has been tightened in most autonomous regions since the publication of this article. Renting under common law is still possible, but you should be aware that most short-stay rentals qualify as holiday rentals.

What is tourist rental?

There is tourist rental if you regularly rent out your second residence for short periods using marketing channels. A short period usually lasts less than a month.

Tourist rentals are regulated by the Spanish autonomous regions and therefore differ from region to region.

Read more about the obligations of renting to tourists in the Comunidad Valenciana or Comunidad Andalusia.

What is common rent?

This is best compared to the Belgian tenancy under common law.

Here you make your property in Spain available to a tenant whose permanent residence is elsewhere. Examples include winter visitors, Erasmus students, tenants from your circle of acquaintances, etc.

That way, you avoid:

- on the one hand, the obligations of tourist rental (such as check-in, check-out, registration obligation, etc.);

- on the other hand, the obligations of the Spanish housing lease.

Unlike tourist rentals, common rentals are regulated by Spanish national law.

What are the conditions for common rentals?

First of all, the tenant must not take up permanent residence in your holiday home. Otherwise, the lease will qualify as a residential lease and the tenant will have a large number of rights. Thus, you will not be able to evict him easily.

In addition, you may not advertise your second residence through tourism channels. What is specifically meant by 'tourist channels' is filled in by the autonomous regions. This can therefore vary from region to region.

It generally comes down to the fact that from the moment you advertise, it is a tourist rental. Therefore, if you rent for periods shorter than a month, you will have to find tenants on your own. Think family members, friends, acquaintances, neighbours, etc.

Finally, as with tourist rentals, you will need a compliance certificate. Your second residence must therefore meet minimum housing standards.

Read more about the conformity certificate.

What is the minimum rental period?

There isn't one. You can sign a contract for one day. What is important, however, is that you do not rent out regularly for short periods. In other words, your rental activity has an occasional character.

How much deposit can I ask for?

You can ask for two months' rent deposit.

Do I still have to pay taxes?

Of course. If you rent out, you are always obliged to pay Spanish taxes.

Read more about property taxes in Spain.

Common lease contracts

Confianz can help you draw up a valid Spanish tenancy agreement according to common lease. Contact us without obligation.

update March 2024

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