Tenant’s Rights in Portugal: An In-Depth Guide

Portugal has become an attractive destination for both locals and expats thanks to its climate, infrastructure, and relatively affordable rental market. With demand for housing increasing, it is essential for tenants to understand their rights and obligations when renting property. This guide provides a comprehensive overview of tenant rights in Portugal, covering lease requirements, termination rules, automatic renewal, and eviction protections.

1. Legal Framework for Tenancy in Portugal

Residential tenancies in Portugal are governed by the Novo Regime do Arrendamento Urbano (NRAU, or New Urban Lease Regime). It was introduced in 2006 and updated by Law No. 31/2012 and later amendments. The law is designed to balance tenant and landlord rights while keeping the rental market functional. Certain tenants, such as elderly people aged 65 or older or those with severe disabilities, benefit from extra protections in specific situations, especially under older contracts.

2. Requirements for Concluding a Residential Lease

A residential lease contract, known as a Contrato de Arrendamento, must meet several requirements:

• Written form. Leases should always be in writing. Oral agreements are discouraged and offer little legal protection. A written contract is necessary for tax registration and proof of terms.

• Identification of parties. The names, addresses, and Portuguese taxpayer numbers (NIF) of both landlord and tenant must be included.

• Property details. The contract must describe the property clearly, including address, layout, and any annexes such as garages or storage.

• Purpose. The intended use, usually permanent residence, must be stated.

• Duration. The lease must specify its start date and, if fixed term, its end date. Current law sets a minimum duration of one year for fixed term residential leases, unless it is for special purposes such as student housing or temporary stays.

• Rent and charges. The contract must state rent amount, payment method, due dates, and rules for any increases. If utilities or condominium fees are paid by the tenant, this must be stated.

• Security deposit. A deposit, known as caução, is common but not mandatory. The law does not impose a fixed cap, though two months’ rent is typical in practice.

• Tax registration. The landlord must register the lease with the tax authorities and issue official digital rent receipts called recibos de renda eletrónicos.

3. Key Tenant Rights

Tenants in Portugal are granted strong protections, including:

• The right to quiet enjoyment and peaceful use of the property.

• The right to have the landlord ensure the property is habitable and carry out necessary repairs, unless the damage is caused by the tenant.

• The right to receive official receipts for rent payments.

• Protection from arbitrary termination, since landlords can only end a lease under legally defined conditions.

• Extra protection for certain groups, such as elderly or disabled tenants, in specific circumstances.

4. Termination Rules

Termination is strictly regulated under Portuguese law.

Termination by the tenant

• Fixed term leases can be ended after six months with written notice. The notice period depends on the contract length: 120 days for contracts of one year or longer, 60 days for contracts of less than one year. In both cases at least one third of the contract or renewal period must have passed.

• Open ended leases can be terminated with 120 days’ notice, unless the contract specifies another period.

Termination by the landlord
Landlords may only terminate for specific reasons allowed by law, including personal use of the property, major renovation or demolition, or nonpayment of rent.
Notice periods vary according to the contract length. For leases of six years or more, 240 days’ notice is required. For leases between one and six years, 120 days’ notice is required. For leases shorter than one year, 60 days’ notice is required.
Landlords usually cannot oppose renewal within the first three years of a fixed term contract unless one of the legal grounds applies.

5. Automatic Renewal

Leases in Portugal renew automatically unless one of the parties sends written opposition in time. The renewal period depends on the original lease duration.

• Fixed term leases of one year or longer renew for three years unless opposed.

• Fixed term leases of less than one year renew for one year unless opposed.

• Open ended leases continue until one party terminates them with proper notice.

This framework is designed to give tenants stability while allowing landlords a structured way to recover their property when needed.

6. Evictions and Legal Remedies

Evictions must always follow the proper legal process. A landlord cannot lawfully evict a tenant by changing locks, cutting utilities, or removing belongings. Illegal evictions can result in penalties and compensation for the tenant. If due process is not respected, tenants can request protection from the courts.

---

Portugal’s tenancy laws provide strong protections for renters. They define clear rules for lease agreements, termination, and renewal, and they ensure tenants have the right to safe housing and stability. For anyone renting in Portugal, it is important to review the lease carefully and confirm that it follows NRAU rules. Legal advice can be valuable, especially for expats, to prevent misunderstandings and safeguard tenant rights.  Feel free to reach out if you would like any assistance with legal reviews, finding a property, or anything else.