If you are an owner, and you are considering renting a Property in Spain, it is important to understand the different types of rentals and the requirements associated with each. Not all rental arrangements are the same, and choosing the right type for your situation is essential. Below is a brief, practical guide to the main ways to rent a property in Spain.
Residential rental.
These are the most traditional form of renting in Spain and are regulated by the Urban Lease Law (LAU). A notable feature of these types of rentals is that, even if the contract is signed for 1 or 2 years, the tenant has the right to remain for up to 5 years if they wish.
To rent under this regime, the property must have an Energy Efficiency Certificate, and while not legally required, it is recommended to have a certificate of occupancy or first occupancy license to confirm the property is suitable for habitation. At the start of the contract, the tenant provides a security deposit equivalent to one month’s rent, which the landlord must deposit with the Generalitat Valenciana within 30 days.
Tourist rental (up to 10 days). Valencia Region.
In Spain, each autonomous community regulates tourist rentals. In the Valencia Region, only rentals of 10 days or less are legally considered tourist rentals. To rent a property as a tourist rental, the law requires certain authorizations and registrations, among which we highlight the following:
.- Tourist license, issued by the Generalitat Valenciana.
.- Habitability certificate / Occupation license.
.- Energy efficiency certificate.
.- Civil liability insurance for the property.
.- Authorization from the homeowners’ association (only for properties under horizontal property regime).
.- Rental Registration Number, issued by the Land Registry.
In addition, it is necessary to keep a record of the guests staying at the property: check-in and check-out dates, etc., through the HOSPEDAJES platform, and to provide a 24-hour contact phone number for the guests. Etc. Although this rental type can generate high income, it carries a significant bureaucratic and administrative burden.
Rental for purposes other than residential use. Short-term or seasonal rental.
These contracts, regulated under article 3.2 of the LAU, are defined by their specific temporary purpose, not by duration. In the Valencia Region, this category has become a “catch-all” in which all rentals of 11 days or more that are not residential have ended up. Nevertheless, these must be contracts entered into for concrete temporary reasons. Studies. Work. Vacations. Medical treatment. Etc. And the purpose must be documented in the contract to avoid potential fraud.
These rentals do not require a tourist license or community authorization, but it is mandatory to maintain a “Traveller Registry” and obtain the “Rental Registration Number” when advertising the property online. In addition, landlords must request a security deposit from the tenant and deposit it with the Generalitat Valenciana.
Conclusion.
At White Baos Lawyers, we are experts in rental contracts. If you are considering renting a property in Spain, do not hesitate to contact us for professional, personalized advice on all available rental options.
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
White & Baos 2025 – All Rights Reserved.
