First Rulings Against Seasonal Rentals

First Rulings Against Seasonal Rentals: Protecting Your Rights as a Tenant

In today’s article we are going to comment on the First Rulings Against Seasonal Rentals and rights as a tenant, naming two examples that occurred in Malaga and Ibiza.

First Rulings Against Seasonal Rentals: Protecting Your Rights as a Tenant

Sentences Against Seasonal Renting: Cases in Mallorca and Málaga: Relevant Judgments

In the framework of this discussion, two significant cases stand out in Mallorca and Málaga.

To better understand them, it is necessary to define some concepts beforehand.

Some courts consider that the duration of a contract exceeding one year excludes the characteristic temporality of seasonal leasing, especially if several contracts occur successively.

This implies a continuous use of the property by the tenant.

Ibiza and Málaga Judgment: Detailed Analysis

In the case of Ibiza, the Balearic Provincial Court was clear in establishing that a contractual duration of twelve months excludes any temporality in the use of the property, as it entails continuous use throughout a full year without exception.

In Málaga, the Provincial Court also issued a relevant judgment by declaring contractual simulation in the case of three successive seasonal contracts, resulting in the legal extension of the last contract.

1. Key to Avoiding Abuses: Contract Duration

Recent judgments in Ibiza and Málaga set an important precedent in the fight against the abusive use of seasonal contracts. The key lies in the duration of the contract:

More than 12 months: It is considered a habitual lease, not seasonal. Successive short-term contracts: Simulation is presumed to circumvent legal extensions.

Key Elements for Tenants to Consider in Sentences Against Seasonal Renting

It is essential to remember that clauses waiving legal extensions are void to contravene the Urban Leases Law (LAU).

2. Registration as a Key Indication

The tenant’s registration in the property is considered a relevant indication to determine if there was contractual simulation.

3. Work Reasons: Do They Justify a Seasonal Contract?

The temporality due to work reasons must be genuine. It is not the same:

Moving with the family for 1-2 years for work. Using the property only a few days a week for work.

4. Legal Uncertainty: What to Expect?

Despite the controversy, the Housing Law does not define “seasonal leasing.” A working group was announced to regulate it, but there have been no developments yet.

5. Are You in a Similar Situation?

Contact Legal Boutique Ibiza for personalized legal advice. We will help you defend your rights as a tenant or landlord.

Conclusion: Legal clarity and need for regulation in rulings against seasonal rentals

In summary, the lack of a clear legal definition of seasonal lease contracts creates uncertainty today.

Despite the announcement of a working group to improve its regulation, no regulations have been approved to date.

In this context, it is essential for tenants to be informed and seek legal advice to protect their rights in cases of seasonal renting.


The lack of a legal definition creates uncertainty. Recent judgments set an important precedent. Legal Boutique Ibiza helps you defend your rights.

Visit our website for more information.

Leave us your question in the form on the contact page and we will assist you as soon as possible.

Phone: +34 971 33 74 51


Address: Avinguda d’Ignasi Wallis, 21, 1ª planta, 07800 Ibiza, Balearic Islands