Where landlords get caught out
A "seasonal" contract for a tenant who actually lives in the property all year may be treated as a long-term housing lease, with minimum durations and tenant protections. The label on the contract does not decide; the real use does.
Types of lease in Ibiza
| Lease | Main features |
|---|---|
| Long-term housing | Tenant's permanent home; minimum duration and annual updates regulated |
| Seasonal | Temporary need such as work or studies; must be genuine |
| Holiday rental | Tourists; requires a licence, not allowed in apartments |
| Commercial | Business premises; mainly governed by the contract |
For landlords
- Drafting leases with the right type, duration, deposit and guarantees.
- Rent claims and eviction proceedings for non-payment or end of term.
- Recovering the property after the lease and claiming for damage.
- Action against squatters. See property disputes.
For tenants
- Reviewing a lease before signing.
- Defending against unlawful terminations or rent increases.
- Recovering the deposit at the end of the lease.
- Claims for repairs the landlord must carry out.
Evictions
An eviction for unpaid rent requires a court procedure; the landlord cannot change the locks or cut utilities. With a well-drafted lease and a quick start, the procedure is more predictable. Timing depends on the court and on whether vulnerability rules apply.
Holiday rentals
If you want to let to tourists, check first whether your property can have a licence. See tourist rental licences in Ibiza. Ibiza.law is part of Castell.law.
An illustrative example
Based on situations we commonly see; not a specific client. An owner in Sant Josep had let his house to a hotel worker under a 'seasonal' contract that was renewed every year. When he wanted the house back for his family, the tenant argued that it was really a long-term housing lease. Because the tenant had lived there all year for several years, the argument was strong. We negotiated an agreed departure date with compensation, avoiding a long court case, and drafted the next lease correctly so that the owner knew from the start what rights each side had.
Before you sign or pay, ask a lawyer
Send us the document, the listing or a short summary of the problem. A lawyer will tell you what matters, what it could cost you and what to do next.
Questions about leases in Ibiza
Can I rent my Ibiza flat for the season to a worker?
Yes, a seasonal lease is possible if the temporary purpose is genuine and stated in the contract.
How long does an eviction take in Ibiza?
It depends on the court, the tenant's response and any vulnerability rules. We give you a realistic estimate at the start.
Can I keep the tenant's deposit?
Only to cover unpaid rent or damage beyond normal wear. The rest must be returned at the end of the lease.
Can I change the locks if the tenant stops paying?
No. Recovering the property requires a court procedure.