The main types of Spanish rental contract

Key rules

• Real use counts: If you live there permanently, main-home rules apply whatever the contract is called.
• Main-home term: You can stay five years, or seven if the landlord is a company, even if the contract says less.
• Seasonal proof: A seasonal contract needs a real, provable temporary reason, not just a short term.
• Rooms: A room in a shared flat usually has fewer protections than a whole-home lease.
• Eviction: A main-home landlord must go to court to remove you.

The label does not decide your rights

What counts is how you use the place, not what the contract is called. If you live there as your permanent home, the main-home rules protect you, even if the paper says "seasonal". Use the decision tool below to work out which contract you have.

Main-home contract (vivienda habitual)

This is the contract for a home you rent to live in permanently. It gives you the strongest protection.

• Minimum term: five years, or seven if the landlord is a company. If your contract says less, you can stay on year by year until you reach that minimum.
• Extension: after the minimum, the contract renews automatically in one-year periods for up to 3 more years. The landlord must tell you 4 months before it ends if they do not want to renew. You must tell them 30 days before.
• Leaving early: after 6 months you can leave with 30 days' notice.
• Rent updates: during the first five (or seven) years, rent can only rise if the contract has an update clause, and then only by the legal limit. No clause means no update. Check the current limit with your town hall, as it has changed recently.
• Stressed zones: in areas declared stressed, a new contract cannot exceed the previous rent plus the allowed update.
• Eviction: only through a court. A landlord cannot simply remove you. Tenants in vulnerable situations may get the process suspended.
• Extras: a garage, storage room or furniture rented with the home, from the same landlord, fall under the same rules.

Seasonal contract (temporada)

This is for a temporary need: work, study, medical treatment, holidays. It is not for living there permanently.

• Rent, duration and updates are whatever you and the landlord agree. There is no right to renew and no legal minimum term.
• The temporary reason should be written in the contract and be something you can prove, such as a work assignment or a course. A short term alone does not make a contract seasonal.
• If you actually live there as your home, a court can treat it as a main-home contract. Keep proof of how you use the place.
• Rent caps in stressed zones in principle apply only to main-home contracts. Some regions, such as Catalonia, extend them to seasonal contracts that are really disguised main homes.
• If you fall behind or the term ends, the landlord has a faster court route than for a main home.

Room in a shared flat

Renting one room is generally not covered by the main-home rules. Instead, the parties agree the terms freely, and basic civil law fills the gaps. That means a shorter notice period, no guaranteed renewal and fewer protections.

Case law is not uniform. Some courts treat a room as a main home when you use it as your home. Some regions also regulate room rentals. If you sign one contract for the whole flat with several co-tenants, the whole-flat rules apply to all of you.

Other contracts you may meet

• Commercial or professional use (shops, offices, workshops) follows the agreement first, so it is not a home lease.
• Holiday lets (viviendas de uso turístico) are outside the normal lease rules and follow regional tourism rules. Spain also requires them to be registered in a national registry from July 2025, and owners' communities can block them by a three-fifths vote. If you are offered a "tourist" rental as a long-term home, be careful: it gives you very little protection.

How to tell which one you have

1. Ask yourself whether this is your permanent home. If yes, assume main-home rights.
2. Read the stated reason in the contract. A seasonal contract needs a real, provable temporary reason.
3. Check whether you rent the whole dwelling or one room.
4. If the label and reality do not match, get advice before signing or before you leave. Your town hall's housing or consumer office is a good place to start.

The comparison table, timeline and FAQ below cover the details side by side.

Work out which contract type you have

Which type of contract is this, whatever the title says?

• Habitual residence (your main home): You will live there as your permanent home and the whole dwelling is let. A short term does not change this: the lease extends year by year until the home has been let for at least 5 years (7 years if the landlord is a company). After 6 months you can leave with 30 days' notice. The deposit is one month's rent.

• Seasonal (temporada): You need the home for a specific, temporary reason such as work, study or medical treatment, and the contract states that reason and a fixed end date. It is a reasonable fit for a short student let or a work project. It is not a fit if you are really making the home your base: a court can treat it as a habitual lease. There is no right to renew, and the deposit is two months' rent.

• Room in a shared flat: You rent only a room, not the whole dwelling. Terms are mostly freely agreed and there is no automatic renewal. Some courts treat a room as habitual if it is your home, so the exact wording matters. Get written consent from the landlord if you plan to sublet.

• Labelled seasonal or room, but really your home: There is no documented temporary reason, the term is not tied to a purpose, or you live there permanently. The main-home protections can apply, so ask the landlord to put the lease on the habitual-residence basis or get advice before signing.

Ignore the title and look at why you are renting and what is being let. If this is your main home, it is a habitual-residence lease, even if the paper says seasonal. If there is a proven temporary reason and an end date, it is seasonal. If you rent only a room in a shared flat, it is a room agreement.

Habitual, seasonal and room contracts side by side

The short answer

A habitual-residence lease gives you the most protection: a minimum stay, capped deposits, and eviction only through a court. Seasonal and room contracts are mostly what you and the landlord agree, and they carry no right to stay on.

Side by side

The legal limit on rent updates has changed in recent years, so ask your town hall which one applies when you sign. Some regions, Catalonia in particular, apply extra rules to seasonal and room contracts.

When a seasonal contract fits, and when it does not

A seasonal contract fits a short, real need, such as a semester of study, a work assignment of a few months or a medical treatment. Put the reason in the contract and keep proof of it.

It does not fit if you are moving to live in Spain. A short term is not enough to make a contract seasonal. Courts look at the real purpose, not the label. If a "seasonal" contract in fact houses you permanently, it can be treated as a habitual-residence lease with the full protections. Do not count on that outcome, though, because it takes a dispute to get there. If you plan to stay, ask for a habitual-residence contract from the start.

Whole flat or a room

Read the liability clause before you sign a whole-flat contract. It decides what you owe if a flatmate leaves.

Who a room suits

• Single person, student or short-stay worker: realistic. The price is low, entry is easy and bills are often included.
• Couple: possible, but some landlords let a room to one person only or charge more. Every adult should be named. Double rooms are common.
• Family with children: not realistic, because of space, house rules and landlord refusals.
• Long stay: weak. You have no right to a minimum term or to renewal, and the owner or flatmates can end the arrangement under the contract terms.
• Pets: most shared flats ban them. Get written agreement from the owner and flatmates.

Spanish law does not forbid couples or children in a room, but owners can set house rules in the contract.

What changes later if you take a room

• Padrón registration: you can register at the town hall, but you usually need the room contract or a written authorisation from the landlord or main tenant, plus a copy of their ID. Some town halls also want a utility bill or the main tenant's signature on the registration form. Some landlords refuse to allow registration, so ask before you sign.
• Steps that depend on the padrón: residence applications, the healthcare card, school enrolment and proof of address for banks and tax.
• Immigration applications: officials may want a contract that clearly shows the room and who lives there. Family reunification needs proof of adequate housing, and a rented room may not meet it. Ask the immigration office handling your case whether a room contract is enough.
• Protection: a room contract may not give you the same rights as a standard housing lease, and deposit filing can differ. Each town hall sets its own document list, so check yours.

Timeline and deadlines

• Landlord tells you they will not renew: At least 4 months before the contract ends

• Tell the landlord you will not renew: At least 30 days before the contract ends

• Automatic extension after the minimum term: One-year periods, for up to 3 further years, unless either side gives notice

Frequently asked questions

Does a short contract mean it is a seasonal lease?

No. A short term alone is not enough. A seasonal lease needs a real temporary reason, such as work, study or medical treatment, stated in the contract and provable. If it really houses you permanently, a court can treat it as a main-home lease whatever the label says.

Is renting a room in a shared flat covered by the main-home rules?

Usually not. A single room is generally treated under the Civil Code or as a non-housing contract, so the terms are largely what you agree. If one contract covers the whole flat, even with several tenants, the whole-home rules apply.

Can my rent go up every year?

On a main-home lease, only if the contract has an update clause, and then it is limited by the official cap or index. With no clause, there is no update. On seasonal and room contracts, rent and updates are freely agreed.

Do holiday-let rentals follow the same lease rules?

No. Tourist rentals sit outside the standard rental law and follow regional tourism rules. Since July 2025 they also need national registration, and a community of owners can block them by a 3/5 vote.

Can I be evicted without a court?

On a main-home lease, no: the landlord must go to court, and vulnerable tenants may get a suspension. On seasonal and room contracts, eviction follows the contract terms, with a quicker court route for non-payment or expiry.