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The 11-month contract: the myth that can cost you your property

Up to date to August 2026 · LAU art. 2 and 3.2 · Llei 11/2025 (Catalunya)

The advice has been doing the rounds on terraces and in Facebook groups for years: “put 11 months in the contract and your tenant gets no residential protection.” It is the most widely repeated — and the most expensive — misconception about letting in Spain. Here is how a Spanish court actually looks at it.

The law does not count months — it asks about the purpose

The LAU distinguishes residential tenancy (art. 2: the property meets the tenant's permanent housing need) from a seasonal let (art. 3.2: letting por temporada, “sea ésta de verano o cualquier otra”). Nowhere does it set a limit in months. What makes a temporada contract valid is the causa objetiva y transitoria: an objective, temporary reason why this tenant needs the property for precisely this period — overwintering with a principal residence elsewhere, a secondment, an academic year, a renovation at home.

If that reason is missing, “11 months” is simply a residential tenancy with a short term. The tenant can invoke reclassification — and is then entitled to the mandatory extension of five years (seven if the landlord is a company), whatever the paperwork says.

What judges look at — and what most owners never think of as evidence: are the utilities in the tenant's name? Did the contract contain a renewal option? Was the rent paid monthly, with no pro-rating of part-periods? Did it include a right of first refusal that belongs only in a residential tenancy? Did the tenant register at the address? Each of those facts points towards “someone lives here”.

Catalonia formally closed the myth down in 2026 as well

In Catalonia's stressed rental zones (zonas tensionadas), Llei 11/2025 has, since 1 January 2026, brought seasonal letting under the same rent cap as ordinary residential tenancy, and the temporary purpose must be lodged with the INCASÒL, substantiated with documents, together with the deposit (fianza). If that evidence is missing, the contract is presumed to be a permanent residential tenancy. A simulated temporary reason has been a serious infringement there ever since.

What does hold up

And when the season ends: if your tenant stays on for fifteen days past the end date without you demonstrably objecting, the contract rolls over tacitly (art. 1566 and 1581 CC) — month by month, on a monthly rent. One timely burofax prevents that. Acting formally and in time counts for more than whatever the contract says.

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Frequently asked questions

Does 11 months automatically make the let temporary?
No. The LAU distinguishes on purpose, not on duration. Without a demonstrable temporary reason, a court can reclassify the contract as a residential tenancy — with a five-year extension (seven for a legal entity), regardless of the end date on paper.
What is a valid causa?
An objective, demonstrable reason why the tenant is staying here for precisely this period: overwintering with a principal residence elsewhere, temporary work, study, or a renovation of their own home. Word for word in the contract, with the evidence as an annex.
What does reclassification actually cost me?
The tenant may stay for up to five (or seven) years at the agreed rent, the mandatory residential tenancy protection applies, and terms that deviate from it are void. Selling or moving in yourself is then only possible within the narrow statutory exceptions.
Further reading Letting legally in Spain: the three regimes and what is actually required → Spanish rental contract template: what it must contain in 2026 → The rental deposit in Spain: amounts, offices and deadlines by region →

Sources: Ley 29/1994 (LAU), art. 2, 3 and 9 · art. 1566 and 1581 Código Civil · Llei 11/2025 (Catalunya). General information, not legal advice.