Rental Contracts in Portugal – What rights do you have as a tenant?

If you’re planning on renting an apartment in Portugal, it’s important to be aware of your rights and responsibilities as a tenant. In this guide, we’ll cover everything from signing the rental contract to how to end the contract once your lease runs out, plus we’ll cover some of the legalities that may affect your decision to rent in Portugal or not. Let’s dive in!

What should your rental contract look like?

There are two types of rental contracts in Portugal, fixed-term contracts and open-ended contracts, however most contracts have a length of at least one year, after which the contract will renew unless terminated by either tenant or landlord.

Your contract should contain the names of landlord and tenant, the address of the property the contract relates to, the price of rent (and when it must be payed by) and the length of the contract. If the contract does not mention sub-letting then it is not permitted.

As a tenant or a landlord, you should always keep a copy of your contract to refer to in case of a dispute – it can also be required when you take out a mobile phone contract or open a bank account.

What should you do before you sign a rental contract?

Before signing any contract, it is extremely important to check through to ensure you are comfortable with everything. This is especially the case with rental contracts, which deal with the serious matter of whether you have a roof over your head! Many people get trusted friends and family to check over their contract, and if there is any uncertainty over your rights or any of the conditions, we recommend you clear it up with your landlord or get in touch with our team at RHJ Law, who can offer you expert legal advice on your rental contract.

If there are any problems with the property, make sure you make the landlord aware of them before you move in so that they cannot be blamed on you when you move out. It is also a good idea to take an inventory of the property when you move in if one is not provided to avoid any conflict between you and the landlord.

What are your rights when you rent a property?

As a tenant, you must give at least two months notice before moving out of a rented property and this condition must be reciprocated by the landlord as well. They must have a suitable reason for terminating the contract, however if you are in a situation where you feel like your rental contract has been unfairly ended, don’t hesitate to contact us for advice and support.

You are also entitled to an electronic receipt of payment for each month of rent you pay to your landlord and even for your security deposit; this is dictated by Portuguese law so don’t be afraid to ask your landlord if it isn’t automatically given to you.

What extra fees and deposits will you have to pay?

Don’t be surprised if your rental contract states that you must pay a deposit; this can be anywhere from the equivalent to three months rent or more, depending on the property. This will be returned to you provided that there is no damage to the property and that you have followed the rules of the contract.

If you have used a real estate agent to help you find your new home, there are typically no fees for you to pay – the agency usually charges the landlord once the lease agreement is concluded. We recommend using the services of one of our associates, UNU Real Estate for an award-winning experience!

Where should you go to get legal advice on your rental contract?

Unsure on any details of your rental contract? The best way to put your mind at ease is to contact the team of experts at RHJ Law to get it sorted out!

Once you have moved in, you can legally be evicted if you have not paid the rent for three months and the landlord has notified you. However if for any reason you believe that your contract has been unfairly terminated or you think the landlord has breached the conditions, get in touch with us at RHJ Law or contact ‘Associação dos Inquilinos e Condóminos do Norte de Portugal’ to get support on the matter.