You want to rent an apartment and, in order to benefit from the more favorable rental regime for use other than housing, you suggest doing a seasonal rental for 11 months. Can you act like this? Does the duration determine the type of contract?
Purpose. The truth is that you are not sure if you want to rent the property, and you want to be able to recover it without being subject to the legal extension of housing rentals. Well, indeed, you are more interested in formalizing a seasonal rental. Attention! However, the courts consider that the classification of the seasonal rental does not derive from the agreed term but from the purpose of the occupation. In other words, whether or not the contract is of this type depends on the use that is given to the home and what motivates the completion of the rental contract.
Use. In the seasonal rental, the property is not used as the habitual residence of the tenant, but rather the occupation is occasional and sporadic. Note. In this way, the rent is not made to meet the tenant's need to establish his habitual and permanent residence in that dwelling, but rather to occupy it accidentally and at certain times for reasons other than the need to stay.
Examples. Suppose the tenant rents the house due to a job transfer. Well, depending on the ultimate purpose of the lease, one contract or another will be made. Note. Thus, it will not be the same:
Term. For all of the above, the fact that the contract is for 11 months does not imply that it is necessarily a seasonal rental contract. Note. In the same way, it will be perfectly possible to formalize a seasonal rental contract for two or three years if the reason justifies it: temporary jobs, transfers to carry out studies (degree, master's degree, course, internship...) or to reside for a vacation period, etc.
Express mention. Specify in the contract that it is a seasonal rental and not to satisfy the need for permanent housing. Note. For greater security, indicate the address of the habitual residence of the tenant.
Cause. Also, mention the reasons why a seasonal rental is formalized: vacations, studies, job transfer, etc. Note. And, as far as possible, try to rent the house furnished, ready for use.
Applicable regime. In these types of contracts, the freedom of agreements prevails, so your client may agree what he considers appropriate and will prevail over what the law says. Note. Thus, the mandatory extensions are not applied until reaching the minimum duration of five or seven years established for the rental of habitual and permanent residence. In addition, you can establish rent increases above the CPI.
"You can sign a seasonal rental contract when the home is used occasionally and sporadically by the tenant, without the will to establish their usual and permanent home there"