Tourist lease in horizontal property.
Law 6/2017, of 31 July, amending Law 8/2012, of 19 July, on tourism in the Balearic Islands, relating to the commercialization of tourist stays in dwellings.See consolidated text.
Be it known to all citizens that the Parliament of the Balearic Islands has approved and I, in the name of the King and in accordance with the provisions of Article 48.2 of the Statute of Autonomy, have the good will to enact the following law:
Article 30.11 of the Statute of Autonomy of the Balearic Islands provides that tourism is an exclusive competence of the autonomous community, in accordance with Article 148.1.18.ª of the Constitution, which refers to the promotion and management of tourism in the respective territorial area. Therefore, since Royal Decree 3401/1983, of November 23, 1983, approved the transfer of functions and services in the field of tourism from the State to the Balearic Islands, the autonomous community has exercised this competence, both from the point of view of material organization and the drafting of regulations.
Difference between seasonal rental and tourist rental
The Negotiating Agency of the Rent informs that, the legal figure that the lessors of tourist housings are using, to try to obtain their aim, is that of subscribing seasonal leases (accidental occupation of a housing in concrete periods).
In this case, the agreed term is not subject to any mandatory extension for the lessors, so that at the expiration of the agreed term, the lease would end and the lessors could recover their properties to dedicate them again to the tourist activity.
“But this can be a dangerous practice, warns José Ramón Zurdo, because the lessors have to prove the temporary nature of the contracts and that the future tenants have their habitual residence in another locality, if they cannot prove this, we would be dealing with housing leases, which could reach the terms of duration indicated above, and the owner could not recover the property beforehand to change the use to tourist use”.
Ban airbnb community
What is the main difference between them? In tourist and seasonal rentals, the tenant does not have the rented property as his or her permanent residence. However, in long term rentals, it is assumed that the property rented by the tenant is his or her permanent home.
If a person has a tourist apartment and opts for the long term rental, the first thing to do is to communicate to the competent autonomous administration the cancellation of the regime of tourist use of the property.
The procedure to cancel a tourist apartment is analogous to the opening procedure. Once the lessee has communicated to the Administration the cessation of its activity, it must notify it to the State Security Forces. This will proceed to the cancellation of the data and the closing of the traveler’s file.
In some communities, such as Madrid, this responsible declaration can be made online. In addition, do not forget to cancel the ads created on tourist platforms so that the offer of the property as a tourist apartment does not appear anymore.
Decree 28 2016 of February 2, 2016, on tourist housing in Andalusia.
Ibiza’s real estate ‘madness’A nonsense is when something is out of reason, sense or convenience. A definition that could well apply to what is happening in Ibiza with the exorbitant and abusive rental prices. A situation that various sectors and the Consell Insular itself describe as “madness” and that is causing the affected population to begin to mobilize. On p2p platforms such as Airbnb or Tripadvisor it is common to find ads for rooms from 700 euros per month, beds at 450 euros and even balconies converted into improvised bedrooms for which 500 euros per month are being asked.
The various sources consulted also confirm the existence of individuals – especially Italians and British – and foreign companies that rent large amounts of housing with the aim of subletting at a higher price when summer arrives. “Intrusiveness is reaching incalculable extremes,” says the president of the Consell d’Eivissa and head of Tourism, Vicente Torres. “They pay in cash and in advance and on many occasions there is not even a contract,” denounces Roberto San Esteban, president of the Association of Tourist Housing (AVAT), who advocates the regularization of tourist apartments, but with limitations.