The Law Cuts Seasonal Rentals: No More ‘Trick’ to Avoid the Housing Law

The seasonal rental contract, traditionally a tool for specific uses such as holidays, studies or temporary work relocations, has become the focus of an intense debate on the Spanish housing market. Now, almost a year after its registration, the Congress of Deputies has decided to put an end to this situation, reactivating a bill promoted by the PSOE that seeks to precisely regulate this type of rental contract. Flexible Accommodation.

The rise of this formula is no coincidence. Faced with the regulations of the Housing Law, such as the price caps in stressed areas or the minimum duration of contracts, many landlords have found in seasonal rentals a way around these limitations. This has led to a massive shift from traditional residential supply towards short-term contracts, often of 11 months, which in practice cover permanent housing needs. In cities such as Madrid and Barcelona, seasonal rental supply already accounts for about 30% of the total.

The key to the new regulation lies in a paradigm shift: the purpose of the rental takes precedence over the duration stipulated in the contract. In other words, if it can be shown that a tenant is using the dwelling as his or her usual and permanent residence, the contract will be considered a traditional residential tenancy, regardless of whether it has been signed as «seasonal». This would imply the application of all the protections and regulations of the Housing Act.

The law seeks to clearly differentiate the Flexible Accommodation The burden of proof as to the legitimacy of the contract -that which is intended to cover a real temporary need for reasons of leisure, study or work- of those leases which, in practice, are a simulation to avoid the regulations. The burden of proof regarding the temporary nature and justification of the contract will fall on the lessor.

This legislative move is, in essence, an attempt to rebalance the rental game board in Spain, closing one of the main escape routes to regulation. Its approval, which could come in the next few months, will force a clarification in the market and will have a direct impact on the way in which the rental market is managed and offered. Flexible Accommodation in the country.

The next edition Vitur Summit 2026 will take place in Malaga on Thursdays 13 and 14 May and will once again be the meeting point for operators, investors and companies in the sector to boost their business, establish strategic alliances with the different agents involved and gain access to all the latest news, trends and opportunities in the sector from leading speakers and companies.

Continue reading

Madrid Redefines Flexible Accommodation: New Tourism Law Recognises it as Official Accommodation and Raises Standards
The Community of Madrid has launched one of the most far-reaching reforms for the Flexible Accommodation sector. The new draft Tourism Law will recognise for the first time the Tourist Use Dwellings (VUT) as a type of official tourist accommodation, establishing a framework that seeks professionalisation, quality and greater legal security.
Portugal Ventures Accelerates Flexible Accommodation Innovation with 1.5 Million Investment in Feel Sampa
Portugal's tourism ecosystem gets a new boost. Portugal Ventures has injected €1.5 million in the startup Feel Sampa, a technology platform designed to revolutionise the management of Flexible Accommodation. This strategic investment aims to consolidate Portugal as an innovation hub in the hospitality industry.
The Short Stay Rental Challenge in 2026: How European Regulation is Filtering the Professional Market
On 5 February 2026, the European Parliament adopted key legislative proposals to tackle the housing crisis on the continent.
Andalusia, Queen of Europe: Flexible Accommodation Conquers the Lead Ahead of the Côte d'Azur
The Andalusian region has been crowned as the most demanded destination in Europe for Flexible Accommodation, surpassing iconic locations such as the Côte d'Azur or Catalonia. With a record 26.6 million overnight stays in 2025, the sector is proving to be a key economic pillar, dominated by small owners and in the midst of adapting to a new regulatory framework.
The Inexhaustible Power of PBSA: Student Residences Consolidate as Spain's Star Flexible Accommodation Asset
Far from being a passing fad, investment in student housing (PBSA) in Spain confirms its long-term appeal. The sector's major operators point to structurally solid demand and a shortage of quality supply as the drivers of a segment that continues to attract institutional capital and defy any signs of drying up.
Welcomer Breaks into the Market: A New Operator is Born to Capitalise on the Seasonal Rental Boom
Flexible Accommodation in Spain welcomes a new specialised player. Welcomer, led by Axel Edric Capriles, is born to focus on the growing niche of seasonal rentals, a segment driven by new work models and increasing restrictions on traditional tourist rentals, seeking to offer high quality solutions for medium-term stays.