When Clara, 34, signed the lease for the apartment where she lives in Barcelona’s Raval, the growth in seasonal rental was still only a nascent phenomenon. She was bothered by the fact that the duration was only one year, from April 2021 to 2022. “It was a either take it or leave itand I said yes,” he recalls. But the truth is she wasn’t passing through that house, it would be her house, and a judge ruled this summer that she had the right to stay in the apartment for seven years, no matter what the landlord said.
They wanted to evict this tenant, who paid her 670 euros per month without fail, in 2023, when her second season contract expired. But the real estate complaint ended up backfiring on him. The 13th Court of First Instance of Barcelona ruled that the contract signed by Clara with the company that appears as owner, Zarina Projects, “pretended” to be a seasonal rental to “deprive the tenant” of the protection offered by law for tenants in habitual residence, as has been demonstrated.
Since seasonal rentals began to proliferate, what is now a boom which exceeds 30% of the supply in large cities, voices from the Administration, the legal world or activism have defended that this formula, if used to circumvent regulations, is a fraud. The Tenants’ Union, which called a demonstration for October 13, recently promoted an amendment to the Urban Lease Law (LAU) to restrict its use, but the project failed in Congress in September due to the opposing vote of the PP, Vox and Junts.
However, whether stricter regulations on vacation rentals are put in place or not, there are tenants who, like Clara, are managing to win the battle against these monthly rentals. “This type of practice or abuse is recurring,” says lawyer Alejandro Fuentes Lojo.
From his law firm in upper Barcelona, Fuentes Lojo Asociados, this lawyer claims to have defended similar cases and often resolved them without going to court. “It usually happens that at the end of the one-year contract term the property wants to increase the price or not renew it, but the tenant has the right to stay there because it is their habitual residence, and both parties know it,” he argues.
This type of practice or abuse is recurrent
Alejandro Fuentes Lojo
— Lawyer
What little the law says about seasonal rentals is that it is distinct from rentals of accommodation, intended for professional, recreational or health use. “The duration of the contract does not matter, what is important is the purpose, which cannot be habitual residence, but for reasons of illness, employment for a fixed period, studies of master’s degree… The hypotheses are multiple and must be proven” declares Domènec Sibina, professor of administrative law at the University of Barcelona (UB) specializing in urban planning and housing.
For Clara, the rental contract that they put on the table for only twelve months specified that it was “for reasons of studies or professional practices”. She signed it, but even that doesn’t change anything. “Reality doesn’t change, even if you pretend to be a student, because you may have been forced to,” says Sibina. And this was confirmed by the judge in the case of this Raval tenant, when he confirmed that she was a civil servant of the Generalitat. “A stable job which in no way meets a temporary need,” he concludes.
“Since it’s my usual home, it’s a fraud,” Clara defends in a conversation with elDiario.es at her home. Advised and accompanied during the process by the Sindicat de Llogateres de Barcelona, she still has the documents that she was obliged to provide during the trial, such as the leaflet that certifies her registration in the apartment, or the DNI , the health certificate. card or that of the bank with the address of your current address. She also provided the “confusing” rental contract – in the words of the judge – which, on paper, concerns rooms, whereas she rents the three that exist and therefore occupies the accommodation alone.
In this same file, Clara keeps the sentence that suits her. The judgment does not specify what the duration of your lease should now be, but it is not necessary, say the judicial sources consulted. As this is a regular residence rental and the owner is a large landlord, there is seven years of permanence. “There is no need for the parties to sign anything. If the tenant’s interest is to stay in the apartment, they can do so because their contract is governed by the Urban Leases Law,” explains Fuentes Lojo.
Lack of files
One of the obstacles to the fight against fraudulent seasonal rentals, according to the sources consulted, is the absence of specific registers in regional administrations for this type of contract. This also makes it difficult to inspect them. Or count those who, like Clara, manage to have a five or seven year contract recognized. Another recent case is that of the family of José Antonio, who lives with his wife and daughter in the town of Sant Antoni, Ibiza.
After emerging from eviction proceedings in 2019 because they did not want to renew their rent, José Antonio and his partner moved into an apartment with a contract from October to June. In Ibiza, seasonal stays, linked to summer jobs, are common, but José Antonio’s family was going to use this house as a permanent residence. When the stipulated period expired, the ownership of the building changed and they remained without news of the owner for several years.
“A year and a half ago they wanted to kick us out and tried to cheat us with a contract until the end of the season that summer,” he recalls. They signed, he said, “under duress”. “The block is owned by one company and there was one person who came insistently, rang the bell and said he had to sign,” he claims. The new contract increases their monthly payment from 750 to 850 euros. But José Antonio continued to pay the first amount and the property filed a complaint with the court to begin eviction proceedings for non-payment.
But justice ruled in favor of José Antonio, according to a judgment from the summer of September that ElDiario.es was able to consult. After verifying that the family has resided in the property since 2019, the judge concludes: “The lease does not satisfy a temporary use of the accommodation, but rather serves as a habitual residence. » This, continues the judgment, cancels the duration of the temporary contract, the last version of which ended on September 23, 2024, and considers that it is subject to article 9 of the LAU, which sets a minimum duration of seven years if he is from a large owner. He also recognizes that they must pay 750 euros and not 850.
Even with my salary as a civil servant, I cannot choose to live alone without the rent representing 75% of what I earn.
Clear
— tenant
José Antonio and Clara breathe a sigh of relief, but they would have preferred to avoid legal proceedings which made them fear for their roof. “For them to want to evict you from your home, from your shelter, it’s the most stressful thing you can go through. I was on sick leave because of anxiety and I was taking medication for depression,” remarks Clara, who consulted the real estate portals and realized that what she pays today for the apartment, 670 euros, is what a single room is already worth in Barcelona. “Even with my salary as a civil servant, I cannot choose to live alone without the rent representing 75% of what I earn,” she says.
“If all of us who have seasonal rental contracts of this type say that we are not leaving, the courts will be overflowing,” he concludes.
