It is the most common frustration in 2026.
You find the perfect apartment in Barcelona or Madrid. You offer the asking price. The agent smiles and says: “Great! But the owner only accepts an 11-month Seasonal Contract (Alquiler de Temporada).”
Why? Because the 2026 Housing Law (Ley de Vivienda) caps rent increases for long-term tenants. Landlords hate it. So, they use the “Seasonal Loophole” to kick you out after 11 months and raise the price for the next victim.
They think they are clever. But the law is smarter. And now, so are you.
The “Trojan Horse” Strategy
If you demand a 5-year contract upfront, you will lose the flat. The market is too hot. Sometimes, the only way to secure a home is to play their game—then checkmate them after you have the keys.
This is what we call the “Fraud of Law” Pivot.
Step 1: Sign the Contract (The Bait)
The contract will say “Seasonal Lease.” It will claim you are there for “leisure,” “studies,” or “temporary work.”
- The Trick: As long as the clause doesn’t force you to maintain a main residence elsewhere (like in the UK/US), sign it. Pay the agency fee (yes, it hurts, but consider it an investment).
Step 2: Establish “Habituality” (The Switch)
Once you are inside, you need to prove that this house is not a holiday home—it is your primary residence.
- Get the Padrón: Register yourself at the Town Hall immediately.
- Utility Bills: Put the electricity/internet in your name.
- School: Enroll your kids in the local school using this address.
- The Notification: After 6 months, send a Burofax (certified notification) to the landlord. State clearly: “I am informing you that this property constitutes my habitual residence.”
Step 3: The “Article 6” Trap Card
Spanish Law (Ley de Arrendamientos Urbanos, Article 6) states that any contract clause designed to bypass the law is null and void.
If the reality of your stay is permanent, the “Seasonal” title of your contract is considered Fraud of Law. By law, your contract automatically converts into a standard 5-year lease. The landlord legally cannot evict you at month 11.
The Risks (Read This Carefully)
This strategy is nuclear. It works, but it has consequences.
- The Relationship: Your landlord will hate you. Do not expect them to fix a broken boiler quickly.
- The Legal Fight: They might try to sue for eviction. You will win (if you have the proofs in Step 2), but you will need a lawyer.
- The “Good Faith” Argument: Judges protect tenants, but you need clean hands. If you signed saying “I am a student” but you are a 45-year-old father of three, the judge will see the landlord’s fraud. If you actually looked like a student, it is grayer.
The JuroSpain Verdict
We prefer negotiation. We always try to get a 5-year contract first.
But if you are desperate, and the landlord is exploiting the system to deny your rights… you have the right to defend your home.
Don’t let an “
Ready to start your application?
Don't let bureaucracy slow you down. Book a priority call to discuss your residency or property purchase with our team.
Book Priority Consultation