Tourist rentals in commercial premises and rooms under horizontal property law

Abstract

This paper provides an analysis of short-term holiday rentals established within commercial premises and individual rooms (independent units). As shall be demonstrated, these lease agreements pertain to an object distinct from that contemplated in Article 5(e) of the Urban Leasing Act (LAU) —namely, the entire dwelling or apartment— thereby calling into question the validity of the referral to sectoral tourism legislation established therein. Furthermore, this study examines the specificities, legal regime, and complexities arising from tourist rentals when they concern commercial premises (not designated for residential use) and rooms (independent units constituting a fraction of the apartment in which they are integrated).