Where clients get caught out
Calling a long-term lease a 'seasonal contract' to avoid tenant protection does not work: courts look at the real use. Landlords who do it may find their tenant entitled to stay for years.
Types of lease in Spain
| Lease | Main rules |
|---|---|
| Residential (main home) | Minimum term protected by law, limited increases |
| Seasonal | Temporary use, for work, studies or similar |
| Holiday rental | Needs a tourist registration; tourism rules apply |
| Commercial | Terms largely agreed between the parties |
Advice for landlords in Mallorca
We draft the lease, check the tenant's solvency and guarantees, lodge the deposit and register the contract where useful. If the tenant stops paying, we send the formal demand and file the eviction claim.
Advice for tenants in Mallorca
We review your lease before you sign, defend you against unlawful increases or early termination and recover your deposit when the landlord keeps it without reason.
Eviction proceedings in Mallorca
For non-payment, the court procedure can be combined with the claim for the debt. Duration depends on the court and on whether the tenant opposes. We also act against unlawful occupants. See property disputes and commercial leases.
Example: leases and evictions in Mallorca
Based on situations we commonly see; not a specific client. A German owner let his apartment in Palma on a 'seasonal' contract that had been renewed for three years. When he wanted it back, the tenant claimed a residential lease. We negotiated a departure date with compensation, avoiding years of litigation.
Our collaborators for leases and evictions in Mallorca
For every service we work with trusted collaborators when a matter needs them: notaries, architects and surveyors, tax advisers at Castell.tax, sworn translators, banks and mortgage brokers, property managers and specialist lawyers in other parts of Spain. You keep one lawyer as your single point of contact, and we coordinate everyone else.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
Not sure where you stand? Ask before you sign
Tell us about your matter or send us the documents you have. A lawyer will explain the risks, the options and the cost before you commit to anything.
Questions about leases and evictions in Mallorca
How long does a residential lease last in Spain?
Up to five years at the tenant's option, or seven if the landlord is a company.
Can I evict a tenant who does not pay?
Yes, through the courts; changing the locks yourself is not allowed.
Where is the deposit lodged?
With the Balearic housing authority, as required by law.
Is a holiday rental a lease?
It follows tourism rules and needs a registration.