Rules for Family & Friends Staying Over

Is it permissible to have friends or family members stay temporarily at your rented property in Spain, whether it be for a day or an extended period?

This is a question governed by Spanish rental laws, and the nature of your landlord’s approach can vary considerably, much like anywhere else.

Some landlords take a hands-off approach, granting you autonomy within the property as long as rent is paid promptly, while others may make unannounced visits, impose certain conditions, or neglect maintenance tasks. While some landlords might not mind if your sister stays for a few weeks, others might interpret it as subletting, even if no rent is charged, potentially leading to contract termination.

So, what do Spanish rental regulations dictate concerning guest visits? The answer, as is often the case with Spanish law, is nuanced. In essence, a landlord can theoretically restrict guest access to the rental property if such limitations are explicitly outlined in the lease agreement and are deemed reasonable. Any restrictions on guests and visits must strike a balance between the tenant’s right to enjoy the space they pay for and the landlord’s interest in maintaining order on their property.

Therefore, it is essential to carefully review the fine print of your rental contract, as a clause prohibiting visits or overnight stays could constitute a violation of the agreement.

While Spanish law does not specifically address visitation rules in rental accommodations, the rental contract is the governing document in such cases. The Law on Urban Leases (LAU) in Spain does explicitly prohibit subletting, but it may permit a third party to reside with the tenant in certain circumstances, such as when they are part of the tenant’s family unit, economically dependent on the tenant, or in a stable affective marital cohabitation.

While it is unlikely that landlords would terminate a contract over short visits by friends or family, a more extended stay, spanning weeks or months, might give landlords the legal grounds to do so if the lease contains a relevant clause. Nevertheless, this remains a legally ambiguous area. Even specific non-visitation clauses in private rental contracts can potentially be superseded, as the Spanish Constitution protects personal and family privacy, as well as the inviolability of the home. This implies that tenants can withdraw from such clauses without adverse consequences, although negotiating this with your landlord may be challenging.

Article 18 of the Spanish Constitution guarantees the right to honour, personal and family privacy, and the inviolability of the home. This suggests that any clause prohibiting guests from visiting or residing in the rented property is voluntary and temporary, subject to the