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A month in Málaga

Andalusia draws its line at two months, so a month in Málaga can still be a registered tourist stay. Beyond two months, the let becomes a seasonal lease.

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A short stone jetty at Pedregalejo beach reaching into a calm, clear Mediterranean.
Photographed in 2011. Photo: Erik Starck, CC BY 2.0, via Wikimedia Commons

What a month means legally here

Under Andalusian Decreto 28/2016, as amended by Decreto 31/2024, homes let for more than two months, counted continuously, to the same tenant are excluded from the tourist-dwelling regime. A month in a registered tourist flat is therefore still a tourist stay, with the RTA code on the contract document the guest receives on arrival. From the third month, a furnished let for a season is a lease for a use other than housing under article 3.2 of Spain's urban leases law.

In Málaga city, new tourist flats cannot be registered while the suspension that began on 23 August 2025 lasts, for up to three years or until a planning change is approved. Before that, from June 2024 new tourist flats needed their own entrance and services, and from January 2025 new ones were banned in 43 neighbourhoods where they already exceeded 8% of homes. Month-long supply in the city relies on flats already registered and on seasonal leases. No tourist tax is in force in Andalusia, according to press reports.

The areas that suit a month

A short stone jetty at Pedregalejo beach reaching into a calm, clear Mediterranean.
Photographed in 2011. Photo: Erik Starck, CC BY 2.0, via Wikimedia Commons

Pedregalejo and El Palo suit a month by the sea, with a promenade and beach restaurants. Teatinos suits a budget month near the university. La Malagueta is the pick for a beach month inside the city, and Torremolinos for a resort month close to the airport. This ranking is editorial.

With a car, bases outside the low-emission zone ring are easier, and the SARE blue zone's 150 minute maximum rules out street parking as a daily answer in the centre. Parking rules in Pedregalejo, El Palo, Teatinos, Torremolinos and Benalmádena were not verified, and SMASSA car park prices and any monthly passes were not checked, so ask the host about a space.

The paperwork

Deposit: the legal deposit (fianza) for a seasonal lease is two months' rent under article 36.1 of the lease law. A booking of a registered tourist flat is not a lease; the platform's or operator's terms apply.

In a tourist flat, the contract document must show the operator, the RTA code, the number of guests, the dates, the total price and a contact phone, and guests show an identity document. Every lodging records guest ID data under Real Decreto 933/2021.

EU citizens staying longer than three months must register in person at the provincial foreigners' office or a police station within three months of entry.

Visitors from outside the EU are limited to 90 days in any 180-day period across the Schengen area; longer stays need a national visa. The EU Entry/Exit System, which registers non-EU nationals on short stays in 29 European countries, has been fully operational since 10 April 2026.

What platforms call long stays

Vrbo's monthly-stays page, as archived in June 2026, describes stays of 28 nights or more and says select homes offer a discount for them. Agoda lets partners create long-stay promotions, invites some to offer a discount on bookings of more than 28 days, and permits stays of up to 90 days. How Expedia filters long stays could not be verified.

In Andalusia a monthly booking of a registered flat fits the tourist regime; a stay of more than two months with the same tenant does not, and needs a lease.

Pitfalls

No contract document with an RTA code on arrival. Andalusian rules require one for every tourist-flat stay.

A tourist flat whose RTA code the host cannot give. With new registrations suspended citywide, ask for the code before paying.

A deposit above two months' rent on a seasonal lease.

Street parking as a plan for a month in the centre: the SARE maximum is 150 minutes.

Miscounting Schengen days, and assuming bills are included; no reliable source on typical practice was found, so ask.

Questions

Is a month in Málaga a tourist stay or a lease?

In a registered tourist flat, a month is still a tourist stay, since only lets of more than two months to the same tenant fall outside the Andalusian regime. Longer stays are seasonal leases.

How much deposit can a landlord ask for a seasonal lease?

The legal deposit is two months' rent under article 36.1 of the lease law.

Is there a tourist tax on a month in Málaga?

No tourist tax is in force in Andalusia, according to press reports of the regional government's position.

Can new tourist flats open in Málaga for long stays?

Not while the citywide suspension from 23 August 2025 lasts, for up to three years or until a planning change is approved. The suspension concerns new registrations.

Do EU citizens need to register for a long stay?

Only beyond three months: in person at the provincial foreigners' office or a police station, within three months of entry.