How to check the reason for a temporary rental in a residential tenancy
Before signing a temporary rental agreement, it is advisable to check that the reason for the move is clearly described, genuine and capable of being evidenced. If not, the contract may fall under the regime for a main residence.
What the owner should review before signing a temporary rental agreement
When an owner wants to let a property on a temporary basis, the decisive point is not just the agreed duration. The Urban Leasing Act requires the contract to explain **the specific reason for the temporary move** and for that reason to be genuine and capable of being evidenced. Article 7.2 of the LAU states that, if that duly provided reason is missing, the contract loses its temporary nature and is treated as a tenancy of a main residence, with the corresponding effects. That requirement is set out in the consolidated wording of the law published by the BOE: Ley 29/1994, de Arrendamientos Urbanos.
This means the owner must review the contract carefully before signing it. It is not enough simply to call the tenancy “temporary”: the reason for the move, how it fits within the timeframe and how it will be justified if a dispute arises all need to be set out in writing.
Step by step to check whether the contract is properly drafted
1. **Read the reason for the temporary arrangement**
- It must appear expressly in the contract.
- It needs to explain why the tenant will not be living there permanently.
- Generic or empty wording is not advisable, because it will not serve to evidence temporariness.
2. **Ask for justification consistent with that reason**
- The law requires the reason to be “real and capable of being evidenced”.
- The contract must be able to stand up with documentation or an objective explanation if it is later challenged.
3. **Check that the duration matches the temporary use**
- Article 9 bis allows the duration to be agreed freely, but as a general rule it cannot exceed twelve months and must be longer than thirty-one days.
- If the contractual relationship continues without sufficient basis in the temporary reason, the legal risk increases.
4. **Check what happens if contracts are entered into one after another**
- The LAU provides that, if the duration exceeds twelve months without justification in the temporary reason, or if more than two consecutive temporary contracts are entered into between the same parties and for the same property, the first is deemed to be a main-residence contract.
- That is one of the most delicate mistakes for the owner.
5. **Make sure the contract does not contradict its purpose**
- If the property is in fact going to serve as the tenant’s permanent home, it should not be structured as temporary.
- The legal classification depends on the reality of the use, not just on the label the parties give it.
Common mistakes to avoid
- **Drafting an imprecise reason**, such as “stay for personal reasons” or “temporary need”, without further detail.
- **Using internet templates without adapting** the specific reason for the tenancy.
- **Confusing temporariness with flexibility**: a shorter contract on its own is not enough for it to be temporary.
- **Leaving the reason out of the contract** and mentioning it only by email or verbally.
- **Extending mechanically** without checking whether the reason that justified the temporariness still exists.
These situations do not always produce the same effect, but they do increase the risk of a dispute. In rental matters, the way the reason is documented is just as important as the duration or the rent.
What should be set out in writing to protect yourself
1. **The exact reason for the temporary move**.
2. **The expected start and end date** of the temporary use.
3. **Supporting documentation or evidence** for that reason, if any.
4. **Extension conditions**, only if they are to be allowed.
5. **A clear clause on the purpose of the contract**, without mixing it with a main residence.
If the property is also rented with furniture, a storeroom or a parking space, check that these accessories are linked to the same contract and the same purpose, because the LAU extends to residential lettings the rules on ancillary areas and accessories where applicable.
When to ask for professional review
If the property is to be let for a limited period because of work, studies, a professional relocation or a similar situation, it is worth reviewing the contract before signing it. It is also advisable to do so when:
- the tenant needs a long but not permanent stay;
- the contract is going to be renewed several times;
- the temporary reason is difficult to explain;
- the owner wants to avoid the letting being reclassified as a main residence.
At UBICASA we can help you review the transaction and prepare the commercial and contractual documentation for the tenancy. If you would like an indicative valuation of your property before renting it out or selling it, you can request it here: our property valuation in Madrid. And if you would prefer to put your case to us directly, you can use our contact page.
Our office is at Calle Montesa 29, Madrid, with in-person opening hours Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.
Practical summary for the owner
Before signing a temporary rental agreement, remember three ideas:
- the reason for the move must be expressly stated;
- that reason must be real and capable of being evidenced;
- if the contract does not properly support the temporariness, it may end up being treated as a main residence.
Taking a few minutes to review the wording of the contract can save you a significant problem later on.