[burick]

I own an apartment in Dublin rented out long term.
Now I am thinking about buying an apartment in Marbella to live in for 4-5 months of the year and renting the entire apartment out during the summer months ( to avoid the summer temperatures).
I would rent it for minimum periods of 2 months to avoid short term hassle and also avoid needing a touristic licence. via airbnb would be ideal.

Do I need a long term rental agreement signed every time ?
Can it be drafted to ensure tenants do not have the right to stay on indefinitely? I would want to be able to get back in myself to live in.
Presumably I would not need a touristic licence ?
Or are there obvious flaws in this plan ?

thanks in advance

[Raymundo Larraín Nesbitt]

Hi Burick,

What you write can be done to circumvent Andalusia’s holiday home regulation. A mistake many landlords make is thinking they actually need to market their properties out as holiday homes when it is simply not the case.

Do I need a long term rental agreement signed every time ? Yes.
Can it be drafted to ensure tenants do not have the right to stay on indefinitely? I would want to be able to get back in myself to live in. Yes but you cannot interrupt their possession as long as the contract is valid.
Presumably I would not need a touristic licence ? Correct, you don’t need it because it would not classify as a holiday rental.
Or are there obvious flaws in this plan ? It is a smart plan providing you are indeed renting it to the same person for x months and that they in turn will not sublet it as a holiday rental short-term.

Regards

[Author]

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