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HOLIDAY HOME RENTALS

RENTING

Under-the-radar rentals hurt Spain’s hotels

More and more tourists to Spain are steering clear of the country's traditional hotels and holiday homes in favour of a largely unregulated private holiday rental sector.

Under-the-radar rentals hurt Spain's hotels
Nearly 4 million of the nearly 12 million tourists to Spain in May and June 2013 did not stay in the country's hotels or holiday homes. Photo: Linus Bowman

Spain welcomed record numbers of tourists in May and June.

In May, the country saw 5.8 million foreign visitors flock to its shores, while in June this number was 6.6 million.

But nearly 4 million of these tourists chose not to stay in the country's traditional hotels and holiday homes.

That's up 560,000 on a year ago, according to Spanish Government tourism agency Frontur.

Instead, people are turning to what Spain's El País newspaper calls "alternative" accommodation providers. The most important of these new-wave tourism providers are internet sites linking guests directly with the owners of private homes and rooms.

This growing sector does involved some risks though, the daily says, with some businesses taking advantage of unclear rules to avoid paying tax, thus creating unfair competition in the holiday rental market. Also, people who rent out private homes rarely have to submit to the complex safety regulations and building restrictions imposed on hoteliers.

Among the best known of these is Airbnb, a site which earns its income by charging a 6 to 12 percent commission on all holiday rental transactions conducted via its site.

Spain is the site's third most important country in absolute terms, says Jeroen Merchiers, Airbnb's manager for Spain.

Barcelona, meanwhile, is its third most visited city after New York, Paris and London.

Airbnb saw 300 percent growth in Spain from June 2012 to June 2013 and now has 40,000 properties on its books for the country.

Asked whether property owners were paying tax on their earnings, Merchiers said: "We operate in 192 counties and can't concern ourselves with 192 different legislative frameworks."

"We recommend that our advertisers to see a tax adviser, but we can't do any more than that," Spain's Airbnb boss added.

But one Barcelona bed and breakfast owner tells it differently.

The owner of a six-bedroom property, the owner says his property was full in 2011. Now, though, he is struggling to find guests.

Indeed, the owner resorted to listing his rooms on Airbnb to boost his visibility.

"They didn't ask me to do anything, and they didn't ask anything about my tax status," the bed and breakfast owner said.

"When I got my official tourist licence, on the other hand, the police came and inspected me. There were (so many) rules, even about the width of the hallways."

This owner doesn't believe sites like Airbnb are illegal, but says they operate in a legal grey area.

The secretary general of Spain's hotels and holiday homes owners' association Ramón Estalella CEHAT is also reluctant to point the finger of blame.

He explains, though, that while his sector also saw an increase of 100,000 overnight visits from June 2012 to June 2013, hotel prices have stagnated.

Estalella points out that while holiday rental sites like Airbnb are just doing their job, "it's not possible that hotels are having problems when Spain is seeing 6 million tourists (per month) for the first time.

In the tax office, there is come concern about the state of the industry.

Around €3 billion from rental income goes undeclared every year in Spain, according José María Mollinedo, the head of the tax officals' union Gestha. 

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But he pointed out that the data "is general and it's hard to know what percentage of that fraud is tourism-related".

Spain introduced new rental laws in Spain in June 2013, with holiday rentals being excluded from the federal regime.

Spain's 17 autonomous regions now control rules for private holiday rentals, a situation which has caused a good degree of confusion among renters. 

To make the situation even more difficult, not all autonomous regions have implemented relevant laws.

Previoulsy, short-term renting to tourists, whether for the summer period or on a day-by-day basis, had been a civil right enshrined in Spain’s Urban Rental law (LAU).

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RENTING

The rules and small print for a rental contract for a room in Spain

Renting a room in Spain can often be easier and cheaper than trying to rent a whole apartment or house for yourself, but there are still several things you need to look out for in your rental contract and small print clauses you need to be aware of.

The rules and small print for a rental contract for a room in Spain

Sharing a flat in Spain may of course not be your first choice; in 55 percent of cases people here do so because they can’t afford their own place. 

Renting a room is now almost 10 percent more expensive than a year ago, according to recent data published by property portal Idealista, costing almost double in 2024 than it did nine years ago.

The national average for renting a room is now €488 per month.

If you’ve come here to be a student or to learn Spanish though, renting a room can be excellent choice.

Due to Spain’s housing crisis and financial constraints, renting a room is no longer only an option for young people in Spain. In fact, in 2022 Idealista found that the average of a person sharing a home in Spain was 34. 

READ ALSO: Renting a room in Spain costs 90% more than in 2015

Renting a room is increasingly popular in Spain, especially in those cities where rent is very high, such as in regional capitals. 

While your contract for renting a room may not be extensive as renting a whole property, it’s still very important that you have one to make sure that you’re protected.

A room rental agreement not only ensures that both parties are clear about their rights and responsibilities, but also avoids potential misunderstandings and conflicts.

Typically, when you are renting una habitación, your room will be your space, but you will have shared access common areas such as the kitchen, living room and bathroom. 

READ ALSO – Aval: How to get a bank guarantee to rent a property in Spain

Factors to keep in mind when renting a room in Spain:

Tenants do not have the right to continue to live in the home beyond what is stipulated in the contract, so your landlord will have greater control over the property.

It is important that the room rental contract specifies the purpose of renting the room and how long it’s for. Generally, this type of rental is regulated by the Civil Code, but it could also be subject to the Urban Lease Law (LAU), even though the existence of this type of lease is not specified.

The room should include basic furniture, and the landlord is responsible for paying the bills initially, although they may be included in the rent.

There’s no minimum legal content that room rental contracts must contain, and it is not even mandatory for it to be in writing. But it is still advisable to get one in writing in order avoid future problems.

READ ALSO: The pros and cons of signing a temporary rental contract in Spain 

According to property website Idealista, room rental contracts should contain these following elements:

  • The duration of the contract.
  • A statement saying exactly which room is being rented out.
  • The rental price, as well as the payment method with which the tenant will pay the rent and when it will be due each month.
  • The services that are included, such as the use of the kitchen and being able to connect to the internet.
  • It’s also important that there’s a clause to say how payments should be divided in case of any unforeseen circumstances.
  • It must be indicated if subletting the room is allowed or not. As stated in the Civil Code this may be possible if your contract doesn’t specifically state that you can’t.
  • If the property is rented by several people, the contract must be formalised between all tenants through a single rental contract and tenants will appear in the same contract.

READ ALSO: Is subletting legal in Spain? 

How to tell if a room rental contract is legal in Spain

For a room rental agreement to be legal, it must contain the following information:

  • Full names, DNI or NIE number, address and telephone number of both the landlord and the tenant.
  • Specify the exact address of the home, the rented room and the common areas the tenant has access to.
  • The start and end date of the contract.
  • The amount of the deposit and the return conditions. It is not mandatory to provide a deposit, but landlords can request it.
  • The monthly rent, the payment method and how to make the payment.
  • It must state who is responsible for the necessary works and repairs in the home.
  • A clause must be included stating who responsible for community expenses, water, electricity, gas, etc.
  • The text must state the conditions for termination of the contract, such as non-payment of rent or failure to comply with the rules or the landlord selling the property.
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