Most Costa Blanca landlords assume so. The opposite is true — and that difference can cost you years and thousands of euros. Here's how it actually works.
The most stubborn misconception in Spanish letting: that an 11-month contract automatically keeps you outside the heavy tenant protections. Spanish lawyers literally call this a bulo — a myth.
The law doesn't look at the number of months, but at the purpose of the stay (the causa). Does your tenant live there as their permanent home? Then it is legally an ordinary residential lease (vivienda habitual) — even if the paper says “11 months”. A court will simply re-characterise such a contract, retroactively to the signing date.
In short: writing “11 months” does not protect you. The nature of the stay determines the contract type — not the duration.
A clear temporary reason: wintering, a work period, study, or settling in before a permanent move. Freely agreed, 31 days up to a maximum of 12 months. No statutory obligation to renew. But the reason must be genuine and stated in the contract.
The home meets the tenant's permanent housing need. Then mandatory renewal of up to 5 years applies (7 years if the landlord is a company), regardless of what's on paper. Strong tenant protection — and therefore a very different risk profile for you.
To prevent sham arrangements, temporary contracts now face explicit requirements. Three things to know:
A duration band of 31 days to 12 months. Under 31 days it's tourist letting (licence required); above 12 months you're past temporada territory.
The temporary reason must be stated in the contract — and must be genuine and provable.
The burden of proof is on you, the landlord. If the reason is missing, the contract becomes a vivienda habitual anyway — retroactively, with all the protection that entails.
And the grey zone? Stays under 31 days don't fall under temporada, but they don't always fit neatly into the tourist regime either — especially between roughly 11 and 30 days the line is contested from region to region. We deliberately keep this zone clean: we choose the form that holds up legally (often 31+ days) and document the basis for it.
Agencies running volume on “long-term, 11 months” keep quiet about it. But if your contract turns out to be the wrong type, you run into things you never saw coming:
A tenant you can't get out of the property for 5 to 7 years.
A deposit (fianza) that should have been lodged with the regional housing body.
Unfiled tax: as a non-resident you're required to declare your rental income via Modelo 210 (IRNR).
A contract that gets re-characterised in a dispute — and then the tenant's rules apply, not yours.
This isn't a reason not to let. It's a reason to do it properly.
We tell you up front which contract type fits your situation — and set it up so it holds.
Want to stay flexible? Then a correctly documented temporada (6–11 months) with a real cause — no tenant who lingers for years.
Want a stable, long-term tenant? Then vivienda habitual, but with screening, deposit lodging, insurance and a watertight contract, so you are protected.
Always: present locally and accountable, with your IRNR/Modelo 210 properly handled. No cross-border construction that leaves the risk with you.
Send us your current setup or contract. We'll check whether the contract type fits your situation, whether the deposit and tax are right, and where the risk sits. Clear, and with no obligation.
This check is a practical and management assessment, not legal advice. For a binding legal opinion we work with an associated abogado.
You can, but it doesn't automatically protect you. If the tenant lives there as their main home, it is legally a vivienda habitual with renewal up to 5 (or 7) years, regardless of the term on paper. Temporariness has to follow from a genuine, documented reason.
No. A winter stay of, say, 1 to 6 months falls under the LAU as a temporada contract, not under the tourist VT regime. You don't need a tourist licence for it, provided the contract is correct.
If the temporary reason is missing or can't be proven, the contract can be treated as a vivienda habitual, retroactively. That's why we always document the cause correctly and choose the right type up front.
For a residential let, the statutory deposit (fianza) should be lodged with the regional housing body. Many private landlords skip this without knowing. We handle it.
Maybe, maybe not — it depends on your contract type, the deposit and your tax filing. Request our free rental check and you'll see exactly where you stand, with no obligation.