In Spain, rental contracts are regulated under different laws depending on the purpose of the property. The main types of rental contracts are those for residential use under the Urban Leasing Act (LAU), tourist rentals, and contracts for non-residential use, which include seasonal rentals. Below, we explain the characteristics and differences between these contracts.

1. Residential Rental Contracts (LAU)

Residential rental contracts are regulated by the Urban Leasing Act (LAU) and are intended for tenants who will use the property as their permanent residence.

Key Features:

• Duration: The contract must last at least 5 years if the landlord is a private individual, or 7 years if the landlord is a legal entity (company). The contract can be renewed automatically, but the landlord may decide not to renew it under certain conditions.

• Security Deposit: A deposit equivalent to one month’s rent is required at the start of the contract. This deposit is returned at the end of the contract, provided there is no damage to the property.

• Rent and Adjustment: Rent can be adjusted annually according to the Consumer Price Index (CPI).

• Termination: The landlord may terminate the contract before the agreed period for specific legal reasons, such as the need for the property for their own use. The tenant also has the right to terminate the contract following the notice period set in the agreement.

2. Tourist Rental Contracts

Tourist rentals are intended for short-term stays, generally for less than 30 days, and are regulated by specific regulations that vary by autonomous community and municipality.

Key Features:

• Duration: Tourist rentals are typically for less than 30 days, aimed at people looking for temporary accommodation, generally in tourist or vacation areas.

• License and Registration: In many regions, the property must be registered as a tourist rental and the landlord must obtain a license to rent it out. This ensures the property meets safety and habitability requirements.

• Taxes: Property owners offering tourist rentals must comply with several tax obligations, including Income Tax (IRPF) on rental income, and in some cases, VAT (IVA) if additional services, such as cleaning, are provided.

• Rent: Rent is generally higher than residential contracts and can vary depending on the season, location, and demand.

• Security Deposit: A deposit may or may not be required, depending on local regulations or what the parties agree upon.

3. Non-Residential Use Rental Contracts (Including Seasonal Rentals)

Non-residential use rental contracts cover leases for purposes other than residential use. This category includes seasonal rentals, which are a specific form of temporary rental.

Key Features:

• Purpose: These contracts are used for commercial, industrial, or professional purposes, or for seasonal rentals in tourist areas. In seasonal rentals, the property is leased for a temporary stay, such as for holidays or short-term work.

• Duration: Non-residential use rental contracts are typically short-term and agreed upon by the parties. Seasonal rentals are usually less than 5 years and generally do not exceed a year. Unlike residential leases, there are no minimum duration requirements.

• Rent: Rent is flexible and is generally higher in tourist or seasonal rentals due to seasonal demand.

• Security Deposit: A deposit is not always required, but it is common for the landlord to request one, especially in seasonal rentals or commercial leases.

• Regulation: These contracts are governed by the Civil Code and do not offer the same protections as residential rental contracts under the LAU. There are no automatic renewal rights, and tenants do not have the same legal protections in case of eviction or contract termination.

• Termination: Non-residential use contracts, including seasonal rentals, end automatically once the agreed period is over. There are no automatic renewals as there are with residential leases.

Key Differences Between the Contract Types

Conclusion

In Spain, rental contracts are regulated based on the intended use of the property. LAU contracts are for residential leases and offer significant protection to tenants, while tourist rentals are for short stays and have specific local regulations. On the other hand, non-residential use rental contracts, which include seasonal rentals, are used for commercial purposes or temporary stays, offering more flexibility but less protection for tenants.

It’s important to understand the differences and regulations for each type of rental to ensure compliance with local laws and to protect the rights of both landlords and tenants.

Hi everyone! As we continue with this new "season" of relocations to Spain, I wanted to share 10 essential tips to help you navigate Spanish legislation and make your transition a little smoother:
 

If you're planning to live in Spain or already do, here are 10 essential tips to help you navigate Spain’s legal and tax system as an expatriate:

1. Are you a tax resident?
If you live in Spain for more than 183 days a year or have your main economic interests here, you’re considered a tax resident and are obligated to pay taxes on your worldwide income.

2. Selling Property Abroad? It’s Still Taxable in Spain
As a tax resident, any profit from the sale of property outside Spain is subject to Spanish taxation. You can benefit from double taxation treaties to avoid paying taxes twice on the same income.

3. Declare Property at Market Value
When selling property, always declare a realistic market value. If you underreport, the Spanish Tax Agency may re-assess the value and apply penalties.

4. Keep your Residency Status Transparent

If you’re living in Spain long-term, make sure your residency status is clear. Living in Spain for more than 183 days means you’re automatically considered a tax resident, regardless of nationality.

5. Spouse Not a Resident? No Joint Tax Benefits
If your spouse isn’t a tax resident in Spain, you cannot benefit from the joint tax filing system. However, any income your spouse generates in Spain will still be taxable.

6. Take advantage of Double Taxation Treaties
Spain has agreements with many countries, including the U.S., UK, Ireland, and others, to avoid double taxation. Be sure to check if you can claim relief on foreign income under these treaties.

7. Foreign pension income? Declare it in Spain
Pensions from abroad are taxable in Spain. Thanks to double taxation treaties, you might be able to reduce your tax burden, but make sure to declare all foreign pension income accurately.

8. Understand Spain´s Inheritance Laws
Spain has strict inheritance laws, including the legítima, which requires a portion of your estate to go to certain heirs. This can affect how you plan your estate if you own property in Spain.

9). Declare foreign assets with the Modelo 720
If you own assets abroad, including bank accounts, you must declare them with the Modelo 720. Failing to do so can result in hefty fines and penalties.

10. Keep Your Residency Documents Updated
Stay on top of your residency paperwork. Make sure your NIE (Foreign Identification Number) and empadronamiento (municipal registration) are up to date to avoid any issues with legal status or accessing public services.

One of the parts I enjoy most about my work is helping our clients build lasting lives in Spain. Over the years, the  Non Lucrative Visa (NLV) has become one of our favourite areas of practice—not just because of the legal work involved, but because of the inspiring people behind each file.

At Costaluz Lawyers, we’ve helped dozens of clients renew their NLV successfully, and through this experience, we’ve seen it all—the good, the stressful, and the “why did they do that?”

In fact, many people come to us after having their renewal denied. They are often the result of incomplete or poorly prepared applications submitted elsewhere. Fortunately, we’ve been able to win appeals or reapply successfully in the vast majority of these situations.

When to Start

You can submit your NLV renewal:

• From 60 days before your card expires

• Up to 90 days after (grace period, with right reasons and good faith--risky)

We recommend starting preparations around three months in advance, especially if any documentation needs to be updated, translated, or clarified.

What You’ll Need

Here’s a checklist we prepare with every NLV client:

• EX-01 application form

• Copy of all passport pages

• Proof of sufficient funds (usually 400% of IPREM)

• Private health insurance (no co-payments, full coverage in Spain)

• Recent empadronamiento

• Modelo 790 fee payment proof

What Can Go Wrong – From the Cases That Reach Us

We’ve worked on many rejected NLV renewals—and although they weren’t originally submitted by us, we’ve learned a lot from correcting these cases. Here are the most common issues we’ve seen:

Financial documentation that lacks clarity or translation

This includes statements from foreign banks that haven’t been translated, unclear proof of consistent income, or sudden large transfers with no explanation. We know exactly how immigration officials interpret financial evidence, and we tailor each submission accordingly.

Health insurance that doesn’t meet legal standards

Many denials stem from policies that include co-payments, have limited coverage, or were expired at the time of renewal. These are automatic red flags. We only work with fully compliant Spanish insurers.

Insufficient physical presence in Spain

Although the NLV doesn’t allow work, it does require real residency. Renewals can be denied if the applicant spent more than six months outside Spain. We always ask our clients to review their travel history before applying.

Missed or miscalculated deadlines

Applications submitted too early or too late are unfortunately common. Our internal systems track each client’s dates carefully to avoid these problems.

How We Help

When you work with Costaluz Lawyers:

• We manage your submission through the Mercurio platform

• Carefully review and prepare each document

• Handle sworn translations and insurance compliance

• Support you through fingerprinting and TIE card collection

• And if needed, we file strong, well-structured appeals or assist with reapplying

Final Thoughts

Your NLV renewal doesn’t have to be stressful. With the right preparation and legal support, it can be a smooth continuation of your life in Spain.

If you’ve already had a renewal denied, don’t panic. We’ve helped many clients successfully appeal or reapply—even when it seemed like all options were exhausted.

Need support with your NLV renewal or appeal?
Contact me and my team at Costaluz Lawyers. We’re here to help you move forward with confidence.

Feel free to leave your questions below. We’ll respond personally.

If you're thinking about living in Spain, one of the first questions is: what visa do I need?

There’s no one-size-fits-all answer. It depends on your plans — whether you want to retire, work remotely, study, or join family. I’ve written this short guide to help you understand the most common types of visas available right now.

I’ve kept it simple and close, as always. This is not legal talk — just friendly advice from someone who’s been helping internationals settle in Spain for nearly 20 years.

1. Non-Lucrative Visa (NLV) – For living in Spain without working

This visa is perfect if you want to enjoy Spain without working here or anywhere in the world. Many retirees choose this option, but it’s also valid for anyone with enough savings or passive income (like pensions or rental income).

You cannot work or earn money from Spanish or any other country/ies´ sources with this visa. You’ll need to prove a stable income and have private health insurance.

Even though the NLV doesn’t allow you to work in Spain at first, you can apply later for a modification to a work permit (modificación a residencia y trabajo). This usually happens after one year of legal residency. You’ll need a job offer from a Spanish employer (for employed work) or a business plan and funds (for self-employment). It’s a common path for people who want to start slow, get to know the country, and then move into work life legally.

📌 Financial requirement: Around €2,400/month for the main applicant, plus €600/month for each family member.

2. Digital Nomad Visa – For remote workers and freelancers

If you work online for a non-Spanish company or have international online clients as a freelance, this visa allows you to live in Spain legally and work remotely.

It has become a very popular option, especially for young professionals and families who want to enjoy a better work-life balance. It also includes tax benefits if you apply under the Beckham Law.

📌 You’ll need to prove your work relationship (contract or freelance clients), qualifications, and an income of about €2,650/month.

3. Entrepreneur Visa – For starting an innovative business

This visa is for people with a strong business idea that brings innovation and value to Spain. You’ll need a business plan and approval from a government body that checks if your project is “in the national interest.”

It’s not for any small business — they’re looking for projects with growth potential, technology, or international projection.

4. Highly Qualified Professional Visa – For skilled workers with a job offer

If you’ve been offered a job in Spain in a technical or managerial role, you may qualify for this visa. It’s part of a fast-track process to attract international talent.

📌 Your employer must sponsor you, and the salary usually needs to be above €40,000/year (more for executives).

5. Student Visa – For studying in Spain

Whether it’s university, language courses, or training programs, this visa lets you live in Spain while you study. You can also work part-time, and in some cases, move to a work visa later.

It’s a good option if you want to spend a year in Spain and see if it suits you — especially for younger people.

With a Student Visa, you can already work part-time while studying (up to 30 hours per week), and once your studies are completed, you can apply to modify your visa to a full work permit. This is a great option for younger people or professionals who want to study first — for example, in Spanish language or postgraduate programs — and later stay on with a job or their own project. Spain values continuity, so studying here can open many doors.

6. Family Reunification Visa – To join a family member in Spain

If your spouse, parent or child is already legally living in Spain, you may be able to join them through this visa. The requirements vary depending on your relationship and their legal status.

So… which one is for you?

Here’s a quick overview:

If you’re not sure where you fit, don’t worry. We have helped many people like you explore their options — often combining legal rules with life plans. Spain is more than paperwork — it’s a lifestyle.

Feel free to write if you have questions. I'm happy to help — not just as a lawyer, but as someone who truly believes Spain can be home.

Warm wishes,
María

Moving internationally can be overwhelming, but with the right planning, you can make the process smoother. Here’s a quick guide with essential legal tips:

1. Pre-Move Planning:

   • Set your moving date well in advance.

   • Research visa and residency requirements for your destination.

   • Consider getting moving insurance

2. Legal Aspects:

   • Ensure all personal documents (passport, visa) are up to date.

   • Understand the terms of any lease agreements and employment contracts.

   • Check tax implications and consult a tax advisor to avoid double taxation.

3. Visa & Immigration:

   • Apply for your visa early, as processing times can vary.

   • Look into residence permits if you're staying long-term.

4. Logistics:

   • Hire a reputable moving company and make an inventory of your belongings.

   • Be aware of customs regulations for bringing personal items.

5. Post-Move:

   • Open a local bank account and get health insurance.

   • Register with local authorities as required.

Lease Contract Tip: Ensure your lease includes clear details on duration, deposit, payment schedule, and termination clauses.

By following these steps, you'll be on track for a successful international move!

María

Hello everyone!

After some time away from the keyboard, I am thrilled to announce that Maria’s Blog is back with renewed energy and a fresh focus that I’m sure you will love. During my break, I spent a lot of time thinking about the topics that truly resonate with you, my dear readers, and how I can provide value to those seeking new adventures in Spanish lands.

Today, more than ever, I understand that moving to a new country can be both exciting and overwhelming. That’s why I’ve decided to dedicate a significant portion of our content to everything you need to know about relocating to Spain. From legal procedures to cultural integration tips, I want this blog to be your trusted guide and companion on this journey to your new home.

In the coming weeks, we will share a series of detailed posts covering every aspect of relocation to Spain:

• Preparation for the move: What to expect and how to plan effectively.

• Legal aspects: Understanding visas, residency requirements, and more.

• Finding a home: Tips for house hunting and settling in.

• Cultural integration: How to embrace the Spanish lifestyle and customs.

Stay tuned as we embark on this exciting journey together. Whether you’re considering a move or are already in the midst of relocating, there’s something here for everyone. Let’s make your dream of living in Spain a reality!

Thank you for sticking with us, and welcome back to the adventure!