Renting a home in Portugal

A well-made lease underpins almost everything that follows after you arrive: it gives you an address you can prove, and it sets out what each side can demand of the other. This guide follows the Civil Code (urban leases, from article 1064) and the Portal das Finanças pages. It gives no rent figures: none of the official sources used for this guide offers a reference price that would apply to you, and a number without a source would only mislead.

Before you sign

Three simple checks, all backed by the law:

1. The property can be let. Article 1070 says an urban lease can only cover premises whose fitness for the purpose of the lease is certified by the competent bodies, notably through a use licence (licença de utilização), where required. Ask to see the document.
2. The person letting is the landlord. Ask for the full name and NIF of whoever signs, and compare it with the property’s paperwork. The permanent land registry certificate (certidão predial permanente) is the land registry document AIMA accepts, for example, to prove ownership when the accommodation is owned (see the residence permit guide).
3. Everything is in writing. Article 1069 requires written form. Without a written lease, and if that is not the tenant’s fault, the law lets you prove the tenancy only by showing that you used the property without objection from the landlord and paid rent every month for six months. That is a last resort, not a plan.

The lease is also the document many services ask for as proof of address. For a residence permit application, AIMA asks tenants for a copy of the lease in their name and the previous month’s rent receipt (see the AIMA guide above).

Money up front: what the Civil Code provides

Article 1076 has two rules on money paid before or beyond the month’s rent:

• Rent in advance: rent can be paid in advance, by written agreement, for a period of no more than two months.
• Deposit: the parties can secure performance of their obligations, by any of the forms the law provides, up to the value of two months’ rent.

Under article 1075, unless agreed otherwise, where rent corresponds to calendar months the first rent falls due when the lease is made and each later one on the first working day of the month before the one it covers. That is why the first rent is usually paid at signing.

If you are asked for more than these amounts, ask for the basis in writing and check with a lawyer before paying. The sources used do not say what follows from an amount above the limit, so this guide does not state it. Keep receipts for everything you pay.

Term, renewal and leaving

For residential leases with a fixed term, article 1095 says that:

• the term must appear in a clause of the lease;
• it cannot be shorter than one year or longer than 30 years. The one-year minimum does not apply to leases for non-permanent housing or for special transitional purposes, such as professional, education and training or tourist reasons, where the lease states them.

Article 1096 says that, unless agreed otherwise, a fixed-term lease renews automatically at the end, for periods of equal length or of three years if the term was shorter. Unless agreed otherwise, there is no automatic renewal in leases for non-permanent housing or for special transitional purposes (paragraph 2). To stop renewal, you must give the other party notice. When the tenant takes the initiative (article 1098(1)):

Length of the initial term or renewal	Minimum notice (tenant)
6 years or more	120 days
1 year or more and under 6 years	90 days
6 months or more and under 1 year	60 days
Under 6 months	one third of the term

For the landlord, article 1097 sets longer notice (for example, 120 days for terms between one and six years) and provides that opposition to the first renewal takes effect only after three years from the date the lease was made, except where the landlord or their first-degree descendants need the home, under article 1102.

The tenant can also terminate a fixed-term lease early, once one third of the term has passed: with 120 days’ notice if the term is a year or more, or 60 days if shorter (article 1098(3)). Termination takes effect at the end of a calendar month. Missing the notice period does not prevent the lease ending, but it means paying the rent for the missing notice period, except in cases of involuntary unemployment, permanent incapacity for work, or the death of the tenant or of a person who has lived with the tenant in a shared household for more than a year (paragraph 6). For open-ended leases, article 1100 lets you give notice without giving a reason after six months of actual duration, with 120 or 60 days’ notice depending on whether the lease has run for more or less than a year.

The landlord, for their part, can terminate for breach. Article 1083(3) says it is unreasonable to require the landlord to continue the lease where rent, charges or expenses owed by the tenant are three months or more in arrears. If you fall behind on payments, speak to your landlord in writing without delay.

Rent, updates, charges and works

• Rent updates: the parties set out in writing whether rent can be updated and how. Without an agreement, rent can be updated yearly using the coefficients in force, the first time one year after the lease starts, and the landlord must notify the coefficient and the new rent in writing at least 30 days ahead (article 1077).
• Charges and expenses: they are set out in writing. Unless agreed otherwise, current expenses for goods or services of the let premises are the tenant’s, and, in the lease of a flat in a building, administration and upkeep of the common parts are the landlord’s. They must be contracted in the name of whoever pays them (article 1078). See also household bills.
• Works: the landlord carries out the maintenance works required by current laws or by the purpose of the lease, unless agreed otherwise. The tenant may carry out works only if the lease allows it or the landlord authorises it in writing, with the exceptions in article 1074(3).

What the landlord does with the Tax Authority, and what it gives you

Reporting the lease. According to the Portal das Finanças, the landlord or sub-landlord reports the lease (with co-owners, one report identifying the others is enough). The deadline is the end of the month after the tenancy starts, or after a change or end. When the declaration is submitted, stamp duty is assessed and a payment document issued. The Portal das Finanças says the stamp duty falls on the landlord who submits the declaration. Rural leases have their own rules. If the landlord does not report the lease, article 60(4) of the Stamp Duty Code, as worded by Law no. 56/2023, lets the tenant or sub-tenant do so, on an official-model declaration, within the time limits and on terms to be set by ministerial order.

Electronic rent receipt. The tax authority explains that owners with rental income (category F) issue an electronic rent receipt. The exceptions the page lists include people who were 65 or older on 31 December of the previous year, rural leases, and people whose rental income is under twice the IAS value and who have no access to an electronic mailbox. Always ask for the receipt: it proves what you paid, and AIMA asks for the previous month’s. There is a message template for asking your landlord for the receipt.

Income tax deduction. Article 78-E of the Personal Income Tax Code provides a deduction from the tax due of 15% of the amount paid in rent for a permanent home, up to a limit that depends on income and year. The expense must have been reported to the Tax Authority by the landlord, by invoice or by another means the law provides. The limits are changing from year to year: check the current figure in the article itself. For the annual return, see the taxes and IRS guide.

The parish council’s certificate of residence

When you have no lease in your name, the parish council (junta de freguesia) can issue a certificate of residence (atestado de residência). Under article 34 of Decree-Law no. 135/99, as quoted in an opinion from CCDR Alentejo, it is issued when a member of the executive or assembly has direct knowledge of the facts, or when there is oral or written testimony from two registered voters of the parish. False statements are punishable under criminal law.

Mind how you use it: in its FAQ on the residence permit application, AIMA says it does not accept parish council certificates as proof of accommodation. The certificate serves other purposes; it does not replace the lease in that process.

Rent support

The Housing Portal (IHRU) collects the public rent-support programmes, among them Arrendamento Acessível, Porta 65 Jovem, Porta 65+, Porta de Entrada, Arrendamento Apoiado and 1.º Direito. Each programme has its own rules. According to the page for Porta 65+, created by Decree-Law no. 38/2023, the support is for households whose income has fallen by more than 20% and for single-parent households, is granted as a monthly subsidy regardless of the applicants’ age, and its requirements include permanent residence in the rented property, a lease registered with the Tax Authority, no household member owning or renting another home, no family relationship with the landlord, and household income within the stated limit. The page points to a simulator and to application platforms. Check the portal for the conditions of the programme that interests you before applying.

If there is a dispute

The Portal das Finanças and the Civil Code are no substitute for legal advice. Law no. 56/2023 refers to the Tenant and Landlord Desk (Balcão do Arrendatário e do Senhorio, BAS) as the place where the special eviction procedure and the injunction procedure in lease matters run. If you are served with an eviction notice, do not ignore it: seek legal help at once. For an in-person desk near you, see Where to be served, and for fitting housing into the other steps, the Path assistant. The glossary explains terms used in these processes.

If you are thinking of buying rather than renting, see the guide to buying a home, covering the purchase steps, IMT and home loans.

After signing, update your tax address with the Tax Authority (see the NIF guide) and sort out your household bills.