Tenancy Law & Risks (okupas)
*For investors and buyers of rented properties: strong tenant protection, one key Balearic peculiarity (no rent cap) and the real okupas risk.*
LAU (Ley de Arrendamientos Urbanos, Ley 29/1994)#
The central tenancy law. Three types of use to distinguish:
| Type | Purpose | Framework | Tenant protection |
|---|---|---|---|
vivienda habitual | Permanent residence | LAU Title II | very high |
alquiler de temporada | Seasonal/medium-term | LAU Title III | low |
alquiler turístico (ETV) | Holiday | Tourism law (→ Ch. 11) | — |
- Minimum term: 5 years (natural person) or 7 years (legal entity) + 3 years
prórroga. Deposit (fianza): 1 month. Rent adjustment: since 2025 IRAV instead of IPC.
- Seasonal lease 2025: must state the specific reason for the fixed term, otherwise it is reclassified as
permanent residence.
Sale with a tenant — subrogación (Art. 14 LAU)#
The buyer steps into the lease for 5/7 years — and cannot terminate it early. Plus tanteo/retracto (the tenant's right of first refusal/right of redemption, Art. 25) — before buying, check whether there is a valid waiver or proper notification.
Ley 12/2023 (Housing Act) & rent cap — a Balearic peculiarity 🟡#
The national Housing Act allows zonas de mercado residencial tensionado with a rent ceiling — but their activation is a voluntary matter for each region.
🟡 Important: The Balearic Islands do NOT apply the rent cap and have not declared any zonas tensionadas (regional premier Prohens rejects this). Currently only Cataluña, País Vasco, Navarra and A Coruña have a rent ceiling. → No state rent cap in Mallorca (residual risk in the event of a future policy change). 🔴 A claim that Palma/Ibiza/Mahón were declared stressed zones in 2025 is very likely false (refuted by more recent sources).
Okupas / desahucio (squatting & eviction)#
Two criminal offences:
allanamiento de morada (Art. 202 CP) | usurpación (Art. 245 CP) | |
|---|---|---|
| Object | inhabited dwelling (including a second home in use) | vacant property |
| Penalty | 6 months–2 years' imprisonment | fine of 3–6 months (milder) |
| In practice | "genuine" occupation, faster to evict | typical vacancy case, harder |
- Express eviction 2025 — Ley Orgánica 1/2025 (in force 03.04.2025): fast-track procedure
(juicio rápido, target ~15 days) for both offences; the vulnerability assessment is dropped.
inquiokupa: a tenant who moved in under a valid contract and then stops paying — not a
criminal case but a civil eviction (desahucio), often lengthy. Frequently the greater risk than the classic okupa.
Learning: Do not leave a vacant second home visibly empty; when letting, check creditworthiness and consider rent-default insurance. Buying "with knowledge of an occupation" excludes the fast-track procedure.
❓ FAQ#
Can I get rid of a tenant if I buy a rented apartment in Mallorca? Usually not early: through subrogación (Art. 14 LAU) the buyer steps into the contract for 5 or 7 years. Before buying, check the contract type, remaining term and rights of first refusal.
Is there a rent cap in Mallorca? No — the Balearic Islands have not activated the national instrument of zonas tensionadas.
Sources (selection)#
- Ley 29/1994 (LAU), Art. 9/10/14/18/25 · Ley 12/2023 · Ley Orgánica 1/2025 · Art. 202/245 CP
Seasonal lets to winter residents — the reason for the fixed term 🟡#
The most common German-speaking case: use it yourself in summer, let it from October to April. The alquiler de temporada (LAU Title III) looks like the right instrument — the hurdle is the stated reason.
- The reason must lie with the tenant and be named specifically in the contract. Accepted: work, studies, medical treatment, building works on the tenant's own home.
- 🟡 On the climate motive the sources diverge — and both sides have grounds. The statute is broad: Art. 3.2 LAU names the season expressly ("por temporada, sea ésta de verano o cualquier otra") — the seasonal contract is listed there by name as uso distinto del de vivienda. On Mallorca, winter contracts as a second residence are common practice. Legal commentary on the 2024/25 reform, by contrast, requires a concrete housing need and treats a pure leisure purpose as an indication of turístico — but that "never for holiday use" stems from the demarcation against tourism law (→ ch. 11), not from the LAU.
- 🔴 In practice: the climate motive is the weakest conceivable justification — not inadmissible, but the one least likely to survive scrutiny. Work, studies or a medically justified stay carry far better. Anyone writing only "wintering" should have the contract reviewed by a lawyer.
- Duration 🟡: beyond 9 months it is regularly treated as a primary residence. A 6–7 month winter season stays below that — but duration alone does not rescue a missing reason.
- Registration: since 1 July 2025 temporary lets must also be entered in the single digital register (Ventanilla Única Digital) — not just holiday lets (→ ch. 11).
🔴 The risk of a weak reason: the contract is reclassified as a permanent tenancy — with a 5-year minimum term. The planned winter let becomes a tenant who stays, and summer use is gone for years. For a buyer who bought precisely for that use, this is the most expensive outcome imaginable.
⚠️ "The contract just has to be drafted properly" is a fallacy. Where the justification is weak, the wording is not the problem — the reason itself is. Drafting only makes it read better.