Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
A holiday rental in Spain is not a mini version of a normal tenancy agreement — it runs under different rules entirely, and the contract should reflect that.
Why the normal tenancy law does not apply
Spain’s Urban Leases Law (LAU) specifically excludes seasonal tourist accommodation that is governed by its own regional tourism regulation. That is why a genuine holiday rental contract looks different from a standard residential lease — it is not a shorter version of the same document, it is a different legal category entirely.
Identification and registration details
A proper holiday rental contract identifies both the owner or managing agent and the guest in full, states the property’s address, and includes the tourist registration or licence number the property holds under the relevant regional tourism rules, alongside the exact dates of the stay.
The financial terms that need to be explicit
Total price, exactly what is and is not included, the payment schedule and method, the security deposit amount and how it will be returned, and a clear cancellation policy — ideally with specific refund percentages tied to how close to the arrival date a cancellation happens, rather than a vague “cancellation fees may apply” line.
House rules belong in the contract, not a separate sheet
Check-in and check-out times, maximum occupancy, and any restrictions on parties, pets or smoking, along with what happens if they are breached, are better placed inside the contract itself than left to a house-rules sheet a guest can easily overlook.
Why the licence number is worth checking
A holiday let operating without a valid tourist licence can expose the owner, and in some regions the booking platform, to fines, and can leave a guest in a weaker position if a dispute arises. Confirming the licence number is genuine is a simple check worth doing before booking or before listing a property.
Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es for help drafting or reviewing a Spanish holiday rental contract.
Frequently Asked Questions
Does the standard Urban Leases Law (LAU) apply to a holiday rental?
No — the LAU specifically excludes seasonal tourist accommodation that is subject to its own regional tourism regulation, which is why a holiday rental contract looks and behaves differently from a standard residential tenancy agreement.
What identifying information should a holiday rental contract have?
Full identification of both the owner/manager and the guest, the property’s address and any tourist registration or licence number it holds under regional tourism rules, and the exact dates of the stay.
What financial terms need to be spelled out?
The total price, what it does and does not include, the payment schedule and method, any security deposit amount and how it will be returned, and the cancellation policy — ideally with specific refund percentages tied to how close to arrival the cancellation happens.
Should house rules be part of the contract itself?
Yes — check-in and check-out times, maximum occupancy, any restrictions (parties, pets, smoking) and the consequences of breaching them are best set out in the contract itself rather than left to a separate, easily ignored house-rules sheet.
What happens if the property turns out not to have a valid tourist licence?
An unlicensed holiday let can expose both the owner and, in some regions, the booking platform to fines, and can complicate a guest’s position if a dispute arises — checking the licence number is genuine is worth doing before booking or before listing a property.