Long-term letting needn’t be as scary as it seems

The 11-month myth, the Article 9.3 clause and the tools that keep you, as an owner on the Costa Blanca, in control.

Letting & Regulation

Long-term letting is less scary than you think.

The law isn’t the problem — a bad contract is.

Letting & Regulation · June 2026

Many owners on the Costa Blanca don’t dare to let their property for the longer term. The fears are familiar: “What if I lose my home for five years?” or “What if the tenant won’t leave?” Understandable — but largely based on half-truths. Spain’s rental law (the LAU) is more balanced than people think, and it gives you more tools than you probably realise.

What the law actually says about duration

When you let a property as a main residence (vivienda habitual), the tenant is entitled to a minimum term — whatever shorter term you agree on. After that, a tacit extension applies, unless you give notice in time.

Situation Tenant’s minimum term
Landlord is an individual 5 years
Landlord is a company (legal entity) 7 years
Then: tacit extension Up to 3 years, one year at a time — unless you give at least 4 months’ notice

That sounds like a long commitment. And it can be — but only if you choose this contract type and fail to use the escape routes the law actually gives you.

The 11-month myth

You may have heard the advice: “just let it for 11 months, then you escape the rental law.” That isn’t true. An 11-month contract is no magic formula. What counts is not the label on the contract, but the actual use of the property. If the tenant lives there as their main home, it is and remains a vivienda habitual contract — with all the five-year protection, even if it says “11 months” on top. A judge looks at the reality, not the term.

Allowed

A genuine seasonal or temporary contract (temporada): the tenant demonstrably uses the property for a temporary purpose — wintering, a work placement, study. Then a contract of a few months is perfectly fine.

Not allowed

Disguising a main residence as an “11-month contract”. It can still be classed as vivienda habitual: you’re locked into the full term and you’re weaker in any dispute.

So the difference isn’t the duration, but the genuine reason for the let. That’s why we use the right contract for the right situation — a true temporada contract where that fits, and a correct long-term contract with the right clauses where it belongs.

Three tools owners don’t know about

1. The own-use recovery clause (Article 9.3 LAU)

You may recover your property before the end of the term if you need it yourself, or for a first-degree relative or your ex-partner after a divorce. The conditions: you are an individual, the first year has passed, and you give at least two months’ notice. Important: since March 2019 this right only applies if the possibility is expressly stated in the contract. Without that clause, you’re locked in until the full term ends. We include it correctly in every long-term contract.

2. The right contract type

The 5/7-year rule only applies to letting as a main residence. Don’t want that commitment at all? Then a seasonal or wintering contract (temporada) is often the better choice: a tenant for a few months, with a clear end date, without the long extension obligation. For many owners, that is actually what they’re looking for — and it’s our speciality.

3. Notice timing

If you don’t want to extend after the minimum term, you only need to give notice in time (at least four months in advance). One diary reminder prevents the contract from rolling on automatically.

The reassurance you’re looking for

The heavier rules from the 2023 Housing Act (Ley 12/2023) — such as the mandatory extension for a vulnerable tenant — apply mainly to large landlords (grandes tenedores, typically from ten properties up). If you let one or a few properties, those obligations fall outside your situation. The law deliberately distinguishes between the private owner and the professional large-scale landlord.

The biggest worry is usually not the law, but the wrong tenant. That’s where your real protection lies: screening, guarantees and a contract that’s done right.

The real risks, and how to cover them

Thorough screening and income checks up front. The reliability of the tenant determines 90% of your peace of mind.

A deposit (fianza), optionally topped up with extra guarantees. For longer contracts you may ask for up to two months’ additional guarantee.

A contract that is legally sound. Not vague or cut-corner constructions that leave you exposed, but a correct contract with the right clauses.

What Pulse Property does for you

Long-term letting isn’t scary. A badly drafted contract is. We take care of the right contract type, the right clauses and a pre-screened tenant — so you keep control and return, without sleepless nights. Local, legal, and with the admin in order.

Which contract type suits your situation?

Request a free, no-obligation rental check, or see our services. We’ll think it through with you — and arrange the contract that fits.

Our services Free rental check

This article is informational and does not constitute legal advice. Legislation changes and regional rules may differ; always have your specific contract reviewed by a qualified Spanish lawyer. Position as of: June 2026.