Current considerations regarding theduration of the housing lease contractand the seasonal contract

Abstract

The lease agreement constitutes a fundamental instrument for guaranteeing the right to decent housing, as recognized in Article 47 of the Constitution. However, structural tensions arising from supply and demand have led to an ongoing debate on various key aspects of this legal figure, particularly concerning the duration of residential lease agreements. This study focuses on this issue, paying special attention to the extraordinary extensions introduced by Law 12/2023, of May 24, on the right to housing.

Additionally, it is worth noting the increase in seasonal rentals, sometimes used as a strategy to circumvent the tenant-protective regulations inherent in residential leases. In this context, the concept and current legal framework of seasonal rentals are analyzed, as well as the various proposals that have been put forward for their regulation.

Furthermore, the rise of short-term rental services, driven by the platform economy, should be highlighted. This activity presents significant informational shortcomings, which have been addressed through Royal Decree 1312/2024, establishing the creation of the Single Lease Registry and the Digital One-Stop Window. This decree also seeks to prevent the abusive use of seasonal contracts by requiring landlords to justify the temporary nature of the lease.

This study aims to comprehensively address these issues, providing an appropriate legal framework that, based on the evolution of Spanish regulations in this field, contributes to fostering access to decent housing, promoting a fair real estate market, and protecting the rights of the parties involved.