Avoid tourist rent while renting my apartment for months ?

Aerial view of the Harbor district in Barcelona, Spain

What if I want to rent my apartment for months? Or fortnights? How do I differentiate it from tourist rental? Here is the answer

I have a house on the beach, which I may need shortly, for which I have two offers: a well-off family has asked me to ‘summer’ from next July to September, I also have the possibility of renting it for fortnights In July / August, the second option is economically more profitable. Is there a problem in making seasonal contracts?

At first glance it seems that a clear affirmative answer can be given, based on article 3 of the Urban Leasing Law, and it will suffice for it to be stated in the contractual document that it is a seasonal lease, that is, different of habitual residence.

However, it should not be forgotten that although the contract qualifies as seasonal rental, it does not mean that the document signed in this case can be considered a dwelling or, in another order of ideas, as excluded from the Leasing Law. Urban

In the first case, it may happen that the family that asks for the house to spend the summer, in reality, what they intend to do is to have a house on the beach at a lower cost than they would have to pay for that residence under normal conditions. empadrone there, declare it as fiscal domicile and all its activities, since the requirement required by the Law of Urban Leases (Article 2), to consider housing is a matter of fact: habitable building whose primary purpose is to satisfy the permanent need of the tenant’s house.

If this happens, the owner will be surprised by an unexpected tenant for three years.

How to avoid it? Answers on luxury apartments Barcelona

Of course, the condition of seasonal rental must be clearly stated in the contract and the reason specified, in this case, that of the summer season, as expressly stated in the law; In addition, the personal address of the tenant who constitutes his / her habitual residence must be stated in the contract, which will not be modified in any case by this contract.

When it is rented for fortnights

The second assumption, rent by fortnights, has in my opinion even more problematic. It is necessary to take into account the reform of the Law of Urban Leases, which has excluded from this regulation the so-called tourist accommodation, considering as such: “The temporary assignment of use of the whole of a house furnished and equipped in conditions of immediate use, commercialized or promoted in channels of tourist offer and made for profit, when it is subject to a specific regime, derived from its sectoral regulations. ”

In the case at hand, it must be taken into account, above all, that the specific regime of this type of rents has been and is being developed in each Autonomous Community in a different way and in some cases with really hard demands, it could be said that there is a willingness to expel individuals from this market.

By way of example, in some Autonomous Community the mere fact of offering or marketing tourist stays in homes that do not meet the legal requirements constitutes a punishable offense and there is a presumption of tourist accommodation until it is proven that it is a rental subject to the LAU.

It is therefore advisable that before committing to a seasonal rental of these characteristics, the specific case should be studied to determine the administrative requirements that must be met, since, although recent and recent events may lead one to think otherwise, ignorance of the law does not excuse its compliance. More at https://www.bestbarcelonaapartments.com/

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