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Renting a home: tenants' rights and obligations
Renting a home in Portugal is governed by the Civil Code and by the New Urban Lease Regime, known as NRAU (Novo Regime do Arrendamento Urbano). The rules have changed several times in recent years, so this guide explains the principles that stay the same and shows where to check the details in force.
Before renting: what to check
- The condition of the home: damp, windows, appliances, plumbing and electrics
- The energy certificate, compulsory for letting, which shows whether the home is easy to heat and to keep cool
- Who the owner is: you can ask to see the caderneta predial (the property's record at the tax authority) or the land registry certificate
- What is included in the rent: building service charges (condomínio), water, electricity, internet or furniture
- The building's rules, for a flat
If the home is let furnished, make an inventory with photographs on the day you move in, signed by both parties. It is the best proof of the condition in which you received the home.
The tenancy agreement
The tenancy agreement must be in writing. It identifies the landlord (the owner who lets the home), the tenant and the property, and states at least:
- the amount of the rent, the payment date and how it is paid
- the length of the agreement and the renewal rules
- the use of the home, normally as a residence
- the deposit and any rent paid in advance
- who pays the building service charges and the utilities
For homes, the law sets minimum terms and its own rules on renewal and on leaving. Read those clauses carefully: they determine how long you can stay in the home and how much notice you must give if you want to leave.
The landlord must register the agreement with the tax authority (Finanças). Ask for a receipt for every rent payment; in many cases the landlord issues it on the Portal das Finanças, the tax authority's portal. With the agreement registered and the receipts in order, you can deduct part of the rent in your IRS (income tax) return, if the home is your permanent residence and within the limits in force.
Deposit and rent in advance
It is usual for the landlord to ask for a deposit (caução) at the start of the agreement: an amount handed over as a guarantee, returned at the end if there is no unpaid rent and no damage beyond normal wear and tear.
The landlord may also ask for rent paid in advance. The law limits how many months of rent can be demanded this way: check the limit in force before you pay, and always ask for a receipt for everything you hand over.
The agreement should state the amount of the deposit, the conditions for returning it and the deadline. If it does not, ask for this to be added before you sign.
A tenant's rights
- Use of the home without interference:
- the landlord cannot enter the home without your permission, nor prevent the normal use of what has been let.
- Maintenance works:
- the works needed to keep the home fit to live in are, as a rule, the landlord's responsibility. Report serious faults in writing.
- Rent review:
- unless the agreement says otherwise, the rent can only be updated once a year, in line with the coefficient published every year in the Diário da República (the official gazette), and the landlord must give notice in advance.
- Receipt:
- every rent payment entitles you to a receipt.
- Right of first refusal:
- under certain conditions set out in the law, if the landlord sells the home, the tenant has priority to buy it at the same price.
- Stability:
- the landlord can only end the agreement in the cases and with the notice that the law and the agreement provide for.
A tenant's obligations
- Pay the rent on the agreed date
- Use the home for the purpose set out in the agreement and look after it
- Tell the landlord without delay about faults or problems that need repair
- Not carry out works without the landlord's permission
- Not sublet the home or hand it over to someone else without written permission
- Allow the landlord to check the condition of the home, with prior notice
- Follow the building's rules
- Return the home at the end of the agreement in the condition in which you received it, apart from normal wear and tear
When the agreement ends
An agreement ends because it reaches the end of its term and one of the parties does not want to renew it, because the tenant decides to leave, or by agreement between the two. Notice is given in writing, normally by registered letter with proof of receipt, with the notice period set in the agreement and in the law, which depends on the length of the agreement.
On the day you leave:
- inspect the home with the landlord and compare it with the move-in inventory
- record the electricity, water and gas meter readings
- hand over all the keys and ask for a document confirming it
- agree when the deposit will be returned
Rent support and where to check the information
There are public programmes to support people who rent, particularly young people and families on lower incomes. The conditions change often, and the Portal da Habitação brings together the ones in force.
- Portal da Habitação: the government housing portal: rent support and information on renting.
- Diário da República: the official gazette, with the current text of the Civil Code and the NRAU.
- Portal das Finanças: the Portuguese tax authority: electronic rent receipts and deducting rent in your IRS return.
If you have a dispute with the landlord or questions about a clause, speak to a lawyer or solicitador (a Portuguese legal professional) before making any decisions.
