Il tourist lease it is a legal tool, essential for all those who rent their home for tourism purposes. In this article, we will delve into the concept of tourist contractexplaining when it is necessary to use it and what its main characteristics are.
Furthermore, we give you the possibility to download two templates for tourist rental agreements from idealista, free in PDF. You can use the larger model or the smaller one, depending on your needs.
Tourist contract: how it works and main features
According to theart. 53 of the Tourism Code, and the art. 1571 Civil Code, per tourist rental means a living room with these main features:
- And consensual rent between the lessee (guest) and the lessor (host).
- Con maximum duration you seem to 3 months.
- In these locations it will be necessary to do only residential use of the property.
- With a tourist purpose.
- The rent can be defined privately or through one of the leading platforms in the tourist rental market, such as Airbnb, Rentalia or Booking.
- At the end of the tourist lease non serve normally do none cancellation; at the end of the period the contract ends automatically.
- For last, non the possibility of subletting in this type of stay.
How long does a tourist rental contract last?
The duration of the contract it is very important to know if we should then register the contract with the Revenue Agency, or not.
In that respect, we can distinguish 3 tipi principal tourist leases:
- Long: this is the so-called seasonal contract, i.e. with maximum duration of 3 monthswhich we have said is also the best for this type of rental.
- Media: up to a maximum of 2-3 weeks circa.
- Brief: usually a weekend, or so.
If the duration of the tourist rental, and therefore of the lease, is less than 30 daysas happens in most cases in the tourist rental sector for accommodation facilities, there is no registration requirement of the tourist contract at the Revenue Agency.
On the contrary, if the duration is more than 30 daysit will be instead mandatory to register.
Attention: if the same guest returns several times during the same year, and the various stays added together reach 30 days, or exceed them, we will return to theregistration obligation of the tourist rental contract at the Revenue Agency.
In all cases, regardless of the duration of the tourist contract, the art. 19 of Legislative Decree 119/2018 establishes that guest registration is mandatory by sending the Lodging Form to the Police portal, within 48 hours of your arrival.
What requirements of the tourist contract?
As already anticipated, in the event that the rent has duration of less than thirty days there is no obligation to register the contract.
In all other cases, in order to be able to rent a home for tourism purposes, it is obligatory draw up a tourist contract in written form. The contract must clearly and unequivocally specify that the purpose of the rental is touristicso as to avoid the application of the primary housing tenancy rules o transitory.
In this way, the owner of the home can be sure that he is operating in compliance with the laws in force and the tenant can enjoy the holiday in total serenity.
Tourist lease contract: what data should it contain?
Each contract must contain these main data:
- general information and data of all guests;
- details and composition of the property;
- duration of the leasewith price, deposit if established, and extra services included (for example cleaning)
- House Rules to be respected, for example timetables, presence of animals, garbage regulations, etc.
What to do if the guest refuses to sign the tourist contract
Unfortunately in many cases it is not possible to oblige the guest to sign the contract, especially if it is a stay of less than 30 days, which does not have to be registered with the Revenue Agency.
In any case we can try to understand the importance of the tourist contract:
- explaining the benefits of the same, being a guarantee of protection for both parties.
- clarifying possible doubts that the guest may have and that lead him not to want to sign.
- emphasizing good faith what is behind the signing of the contract and the will to ensure that everything goes well.
- having patience and demonstrating calmness and caution if the guest ultimately decides not to sign.
What do you need to do to rent a holiday home or accommodation facility?
If you are thinking of renting your home as a tourist accommodation to generate economic benefits, it is important to know the difference between “Holiday Home” and “Accommodation Structure”. The former is usually used for longer stays, while the latter is for shorter rentals. In both cases, the tourist rental is a great opportunity, considering the boom in the tourist rental market.
A Ctourist lease contract it’s the best way to protect your property and make sure guests abide by the rules.
You can choose to manage your property through an agency or use an online platform for tourist rentals come Airbnb, Booking, Vrbo, Rentalia, HomeToGo, or Google. If you decide to handle it yourself, using a management software for accommodation facilities come AvaiBook to save time. Alternatively, you can consider hiring a Property Manager who takes care of everything, including the management of reservations and the maintenance of the property.
In any case, a detailed tourist contract is the best protection for you and your guests, guaranteeing respect for the rules and rights of both parties.
What are you waiting for? Download the Lease Agreement Template suited to your needs and rent your home safely and legally to get the maximum benefits!
Disclaimer:
This is a example of tourist lease. Hence, it is recommended consult an expert to draw up a customized document according to the owner’s needs and the legislation in force in your jurisdiction.