There are different types of rental contracts depending on the duration of the same and each of them has specific characteristics. In this way, we can find three models: Lease of housing for habitual residence. Seasonal lease. Lease for tourist use. The owners must know the properties of each one to guarantee ...

Types of lease contracts according to their duration

Types of rental contracts by duration

There are different types of rental contracts depending on the duration of the same and each of them has specific characteristics.

In this way, we can find three models:

  • Rental of housing for habitual residence .
  • Seasonal rental .
  • Tourist use lease .

The owners must know the properties of each one to ensure the proper functioning of this economic activity that is currently booming, having become our country in one of the investment activities with more profitability.

Next we will see the types of contracts already mentioned:

1 Lease of housing to re habitual residence

Definition and duration.

This is a contract or agreement between the parties involved who are the lessor (owner of the property ) and tenant (tenant), by means of which the former makes available or transfers the use of the dwelling to the latter, who will occupy it as their main or habitual dwelling. The tenant agrees to pay the rental of the rent.

In this case, the tenant can stay in the house for at least three years .

If the duration is less than this time, on the day it is finalized, it will be extended for annual periods until the lease reaches a minimum duration of three years, unless the lessee manifests at least 30 days before the leaseholder's will. do not renew it After three years have elapsed, the contract is automatically renewed each year if neither of the parties expresses the wish not to renew it, which is called "automatic tacit extension".

Regulation.

This contract is regulated by the Urban Leasing Law 29/1994, of November 24.

Tax Obligations of the owner .

The home lease is not subject to VAT , as long as the home is not dedicated to a professional activity.

On the other hand, this lease will be taxed with the ITP (Property Transfer Tax) of the rental, the lessee being the one who must pay the tax according to what is regulated in the Autonomous Community.

Likewise, the lessor must be included in the declaration of the IRPF the income generated by this activity, since this gain is defined as income from immobilized capital iar, as long as they are not carried out as an economic activity.

2 Seasonal lease

Definition and duration.

In this modality of rental contract, the lessee needs to rent a property for a specific period of time , whose duration is agreed in the contract by both parties without there being a minimum term. The declarations regarding the beginning, modification and cessation of the activities must be presented and the corresponding amount must be entered.

The amounts received by the owners as rental income for the dwelling taxed in the IRPF as real estate capital .

Hacienda has already started to control this business.

Related news

Everything you need to know about rental contracts

What happens now with the 5-year leases that have ended?

Tourist rental platforms must inform the Treasury of owners and customers

This is how Hacienda will control the holiday rental starting this year

Source of the image.

Real estate news, unpaid insurance encourages rental.

Many of the owners who were hesitant to assign a property to rent, are released to it thanks to the non-payment insurance. As we already commented in the news 22% of the Spanish rent, it has been observed that in recent years the purchase of housing has declined in favor of rent. Many …...

Interviews and personal sales

1 End of the real estate sale according to the type of interview It is difficult that a sale of high price and risk such as real estate is completed in a single session or interview. More often than not, our sales work is carried out through a series of meetings in which ......

Andalusia approves a new Regulation Code for the real estate sector

The Junta de Andalucía and the Andalusian Consumer Council, with the participation of the Directorate General of Consumer Affairs, presented last January the ANDALUSIAN CODE OF REAL ESTATE QUALITY (CACI). This Andalusian Code arises from the need to protect the lawful interests and safety of consumers and users of real estate services ......

The investment in the real estate market in Spain marks a historical record in 2017

The volume of investment in the real estate market in Spain in 2017 amounted to 45% and has exceeded the figures of acquisitions prior to the crisis in the sector. According to the data provided by the real estate consultant JJL, the investment figure reached 13,990 million euros in our country last year, ......