If you only want to rent an apartment for a few months for work, studies, illness … you can make a seasonal rental contract. How does it work? Here I explain it to you. The current Urban Leasing Law divides the leases of urban properties into two categories, which are called “leases of housing” and “leases for use other than housing”, each with its own regulatory regime.
Housing leases, as the name suggests, are those whose main purpose is “to satisfy the permanent need for housing of the tenant”. Therefore, the rules that regulate them are more protectionist with the tenant, and can not be regulated against what is established in them, unless the law itself authorizes it.
On the other hand, leases “for use other than housing”, are all other leases of urban properties: from a lease of offices, business premises, seasonal, etc. The difference is that in these contracts the parties are free to agree on the conditions they deem appropriate.
Moving to apartment for rent : What is a seasonal rental (by Barcelona apartments)
A seasonal lease is that lease of a home that, however, is not rented to meet the permanent housing needs of the tenant, but to cover other needs (work, vacations, studies, etc.).
Although it may be surprising, it is possible to sign a housing lease for 3 months (although it will be extended according to the LAU), or a seasonal rental that lasts for 3 years. The important thing is not so much the duration but the cause that leads to contracting the parties.
To make a season lease correctly, the most important thing is that there is a real cause that justifies the regime to which they submit, and that this is expressly stated in the contract. Let’s see some causes that would motivate the signing of a seasonal lease:
– Temporary displacement to another area for work reasons (summer season, winter season, etc.).
– Need for temporary accommodation during the execution of works in the habitual residence.
– Temporary accommodation during the holidays (summer / winter).
– Temporary displacement due to studies, although in certain cases it could be discussed which is the student’s habitual residence (that is, where he spends more time).
In all these cases, we see that there is a real cause that motivates the subjection to a regime other than housing: the tenant does not need as much protection because he already has a property that covers his permanent housing needs.
Once the cause of the contract has been determined, and analyzed the possibility or not of subjecting the contract to the legal regime of the leases for use other than that of living, they may begin to negotiate the terms and conditions of the contract.
In these cases, as in the leases of business premises, it is very important to know that there is no minimum legal regulation that protects the tenant and it is very difficult for a clause to be considered null, however abusive it may seem. Therefore, the negotiation phase of the contract (both for the landlord and the tenant) is very important and, above all, it is highly advisable to have the services of a specialized lawyer to advise us and defend our interests. For more Barcelona real estate please check Barcelona apartments for rent.