If a seasonal tenancy agreement gives no reason, does it become a residential tenancy of a main home?

Question

José Manuel Alburquerque · Accepted Answer

Yes. Since 8 October 2026, a temporary contract that does not state a genuine reason capable of proof is treated as a residential tenancy of a main home from the day it was signed. It is for the landlord, not the tenant, to prove the reason. Writing down any reason will not do, because if it is false or cannot be proved, the result is the same. In Catalonia, the tenancy is also presumed to be a tenancy of a permanent home if the reason and the proof of it are not recorded in the register of statutory deposits (“fianzas”) kept by the “INCASÒL”, the Catalan public body that holds tenancy deposits. What becoming a main-home tenancy involves From the day it was signed, the contract is subject to all the rules on residential tenancies of a main home: A minimum term of five years, or seven if the landlord is a legal entity, such as a company. After that come the extensions provided for by law. In stressed residential market areas (“zonas tensionadas”), those declared as such because of the difficulty of accessing housing, the rent limits for residential tenancies, which today also apply to temporary ones. Anything charged above those limits can be claimed back. Minor repairs due to everyday wear and tear become the tenant's responsibility. In a temporary tenancy they are the landlord's. The tenant can leave once six months have passed, giving thirty days' notice, instead of the one month and ten days of a temporary tenancy. Other cases in which a temporary tenancy is converted A temporary contract also becomes a residential tenancy of a main home, from the first day, in these cases: If it lasts more than twelve months without the reason justifying it. If more than two consecutive temporary contracts are signed back to back between the same parties for the same home. In Catalonia, if it is extended without the tenant proving that the reason continues and that they live somewhere else. Even without these rules, the courts can treat as a residential tenancy of a main home a so-called seasonal contract that in reality serves as a settled home. They look at the real purpose of the contract and at how the parties have behaved, not at the name it is given. Earlier contracts and how to assert the conversion Seasonal tenancy agreements signed before 8 October 2026 keep their own rules until the end of the agreed term. That does not protect a sham seasonal contract, because even before the reform a judge could correct a contract made to evade the law. If the tenant believes that their contract is in reality a residential tenancy of a main home, the first step is to tell the landlord so in writing. If no agreement is reached, they can ask the court to declare it. Before suing, the law requires an attempt at negotiation, for example with a written proposal or through mediation. Landlords would do well to review their temporary contracts and keep proof of the reason for each one, especially if they renew them with the same tenant.