Tourist rental vs short-term rental: which agreement to use
The tourist rental agreement is the legal instrument that governs the relationship between owner and guest in short-term rentals. Although many platforms such as Airbnb have their own terms of service that act as an agreement between the parties, having your own written agreement is important protection for the owner — especially in cases of damage, disputes or non-payment.
When a written agreement is mandatory
For rentals lasting less than 30 days, a written agreement is not mandatory by law (unlike long-term contracts), but it is strongly recommended. It becomes necessary when renting privately outside OTA platforms, or when the amount of the stay exceeds certain thresholds. The agreement also serves to document the tourist nature of the stay (rather than residential use), a distinction relevant for tax and regulatory purposes.
What a tourist rental agreement must contain
A complete tourist rental agreement should state: personal details of landlord and tenant; description of the property (address, number of rooms, CIN); length of stay (check-in and check-out dates); total consideration and payment method; security deposit (amount, method of payment and return); house rules (pets, smoking, additional guests); liability for damage; and cancellation method. Some standard clauses in OTA agreements already cover many of these points.
The difference between tourist rental and residential lease
It is essential for the agreement to clearly classify the accommodation as a tourist rental (non-residential use). A poorly drafted agreement that does not specify the tourist nature of the stay could be reclassified as a residential lease by the Revenue Agency, with significantly different tax and regulatory consequences.
Mandatory elements of the tourist rental agreement
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