My contract says 'uso distinto de vivienda'. What does that actually mean?

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• Martin (Soycasero)Equipo SoycaseroSep 20, 2026

  Spanish tenancy law splits into two regimes. A tenancy of a dwelling, where the tenant meets a permanent housing need, carries the extension rights up to five or seven years (articles 2 and 9 LAU). Everything else falls under 'uso distinto de vivienda', tenancy for a use other than a dwelling, in article 3. That covers commercial premises and also seasonal lettings, and there the parties can agree far more freely.

  What decides which regime applies is the actual use, not the heading on the document. A contract labelled seasonal where the tenant plainly lives there permanently can be treated as a residential tenancy, with the extension rights that come with it.

  Short holiday letting is a third thing again, governed largely by the tourism rules of each region, with its own registration. Which box your letting sits in is something a gestoría determines from how the property is really used.

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