SUMMARY OF THE ARTICLE
1.- Tourist Lettings versus Seasonal Lettings.
Tourist lettings in Valencia are capped at a maximum of 10 consecutive days. Seasonal lettings are arranged for a specific temporary purpose (work, studies, holidays). Each is regulated by different rules and has completely different requirements. Confusing the two is at the root of most conflicts.
2.- Differentiated Legal Requirements.
Tourist lettings require a tourist license, civil liability insurance, energy efficiency certificate, guest register, and community authorization. Seasonal lettings do not require a tourist license or community authorization, but do require a deposit, clear documentation of the temporary purpose, and a rental registration number. Failing to meet requirements results in sanctions and, worse, can provoke future disputes with the tenant or community.
3.- Prohibitions and Authorizations: Different Majorities.
Communities can restrict or prohibit tourist lettings, but the majorities required vary by type. Many communities enact blanket prohibitions without distinguishing between tourist and seasonal lettings, resulting in invalid resolutions that end up in costly litigation.
At our firm, we receive weekly enquiries about what types of short-term lettings can be carried out in a Community of Owners and which cannot. Confusion is widespread and affects both property owners and communities. Is my letting a tourist one or seasonal? Can I let my property without needing authorization? Can the Community of Owners prohibit me from letting? What requirements must I meet for my letting to be legal? In this week’s article, we address a growing issue: letting and community of owners.
Tourist Lettings. The Key Criterion: 10 Days.
In Spain, tourist lettings are regulated by each autonomous community. In the Valencian Region, a tourist letting is considered one where an entire property is let (never individual rooms): “for tourist purposes, for a period of no more than 10 consecutive days to the same tenant.”
To let under this arrangement, the owner must comply with a series of requirements. Tourist License. Energy Efficiency Certificate. Civil Liability Insurance. First or Second Occupation License. Rental Registration Number from the Land Registry. Guest Register. Authorization from the Community of Owners. Etc.
Seasonal Leases. Article 3.2 LAU. The Overlooked Category.
On the other hand, there are lettings of 11 days or more that are arranged for a specific temporary purpose. A seasonal worker. A family that lets a house for the summer. Or a temporary job change. Studies. Etc. These lettings are regulated under Article 3.2 of the Urban Leasehold Law (LAU).
Unlike tourist letting, this type does not require a tourist licence or authorisation from the Community of Owners. A Rental Registration Number is required (if marketed through online platforms). And compliance with the Guest Register. It is also mandatory to request a deposit from the tenant and lodge it with the regional administration.
Furthermore, it is highly advisable that the seasonal lease contract clearly reflects the temporary cause that motivated it. And, whenever possible, document it. Signing a “seasonal” contract without specifying the reason for the temporary nature (studies, work, holidays, etc.) opens the door for the tenant to claim the right to remain for up to 5 years, as in a standard residential lease. Unfortunately, this is more common than one might think. Property owners who believed they were letting for 6 months may find themselves forced to admit the tenant for years.
Prohibitions, Authorisations and Community of Owners. A Confusion That Can Prove Very Costly.
This is where conflicts arise. Many property owners or property managers confuse what types of lettings require authorisation and which do not. Furthermore, the majorities required to prohibit one (tourist letting) or the other (seasonal lease) are not the same. This lack of knowledge often results in General Meeting resolutions that are invalid and can subsequently be challenged in court. These increasingly common confusions are generating many lawsuits, legal fees and court costs that could have been avoided with expert legal advice from the start.
Conclusion.
At White-Baos Lawyers, we frequently encounter disputes over Letting and Community of Owners that could have been avoided with legal advice from the outset. Whether you are a property owner who wishes to let a property or a community that has problems with this type of letting, do not hesitate to contact us for expert legal advice on this and other matters.
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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