Seasonal letting is allowed — but only if it holds up

The temporada trap, what a judge really assesses, and how to keep your temporary contract standing.

Letting & Regulation

Seasonal letting is allowed — but only if it holds up.

It is not the word “temporada” that protects you — but the real, documented reason behind it.

Letting & Regulation · June 2026

Seasonal or temporary letting (temporada) is the legal way to let your home for a few months — to winter guests, for a work posting or for studies — without being locked into the five-year protection of a main residence. But there is a misconception that can cost owners dearly: that you only need to call a contract “temporada” for it to qualify. It does not work that way. A judge looks not at the label, but at the reality.

What a judge actually assesses

The classification of a tenancy does not depend on its name, but on the real purpose of the stay. If the tenant makes the property their centro de vida — their actual home — it is a vivienda habitual, even with “temporada” written on top. And the consequences are serious: a judge can reclassify the contract retroactively as a main residence, with the full five (or seven) years of protection — as if you had agreed to it from day one.

Allowed

A genuinely temporary stay with a demonstrable reason: wintering, a temporary work posting, studies. The tenant keeps their permanent address elsewhere. A contract of a few months is then perfectly fine.

Not allowed

Disguising an ordinary main residence as “temporada” to sidestep the rental law. Without a real, provable reason it can still be treated as a vivienda habitual — retroactively, plus the risk of fines.

What is changing now

This is firmly in the spotlight. Catalonia, with Law 11/2025 (in force since 1 January 2026), has tightly regulated seasonal letting: the contract must expressly state the temporary reason, and the evidence for it is lodged together with the deposit. If it is missing, a main residence is presumed. Catalonia is seen as the forerunner of a national law now before Congress — currently politically blocked.

Important for the Costa Blanca and the Mar Menor: in the Comunidad Valenciana and the Región de Murcia that Catalan strictness does not (yet) apply — here temporada simply falls under the national LAU, with more freedom. But the case law on sham arrangements applies here too, and the national law is looming. Those who do it properly now will not be caught out later.

The stakes are real. A main residence disguised as “temporada” can become a five-year tenancy retroactively — and faking the reason or failing to lodge the deposit can carry fines of up to €90,000.

Why writing “temporada” on top is not enough

The freedom of Title III of the LAU (libertad de pacto) is both an advantage and a trap. Precisely because you can agree so much, a temporada contract calls for careful, legally sound drafting — with a reason that is real, stated in the contract, and that you can substantiate if needed. The burden of proof rests on you, the landlord. A template pulled off the internet, or simply “writing 11 months on top”, does the opposite of what you want: it leaves you exposed.

The risk is not temporary letting itself. The risk is a temporary contract that does not hold up in a dispute.

What Pulse Property does for you

We make sure your temporary let stays temporary — legally defensible, with the right contract type for your situation, a properly recorded and substantiated reason, a correctly handled deposit and a pre-screened tenant. Local, legal and with the paperwork in order. So you keep the freedom of temporada, without the risk of a judge turning it into something else.

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.