Advance Payments vs Forfait: Tenant Errors in Portugal
If you are a tenant in Portugal and have received proposals asking for advance payments or a "forfait", know these practices carry risks and rules. Many tenants accept early payments, withholdings or fixed fees without clarifying documentation, deadlines or legal basis, which complicates requesting refunds or responding to habitability issues. This article explains, in plain language, the most common mistakes when accepting advances or forfait clauses, your rights under Portuguese law and practical steps to complain, request receipts and gather evidence in case of dispute.
What are advance payments and forfait clauses?
Advance payments are amounts requested before the contract or during its term; forfait clauses may set automatic compensations. These figures are not always well regulated in the contract and their validity depends on the NRAU and the Civil Code.[1]
Common mistakes
- Requesting advance payment without a receipt or written clause (payment).
- Accepting verbal agreements without documenting evidence or receipts (document).
- Ignoring deadlines to contest deductions or return of amounts (deadline).
- Paying fees that should cover essential repairs without clarifying responsibility (repair).
- Signing contracts with forfait clauses without asking for explanation or a copy of the form (form).
Tenant rights
As a tenant in Portugal you have the right to a receipt, housing in habitable conditions and to contest undue charges before the landlord or in court, according to the NRAU and the Civil Code.[1] If you need to file an administrative or judicial complaint you can use the Balcão do Arrendatário e do Senhorio services.[2]
- Request a receipt and demand itemization of amounts.
- Gather contracts, messages, photos and proof as evidence.
- Submit a complaint to the Balcão do Arrendatário e do Senhorio via the Citius portal (form).
Frequently Asked Questions
- Can the landlord withhold an advance without reason?
- No, not without contractual or legal justification; withholdings require proof and, in many cases, can be contested.
- How do I request a refund of an advance?
- Request it in writing, keep proof of delivery and, if necessary, use the Balcão do Arrendatário e do Senhorio or court.
- What is a forfait clause?
- It is a clause that provides for a fixed payment in case of breach; its validity depends on the contract clarity and the law.
How To
- Collect all receipts, contracts and photographs proving payments and the state of the property.
- Notify the landlord in writing asking for explanation and return of improperly charged amounts (form).
- If there is no response, submit a complaint to the Balcão do Arrendatário e do Senhorio via Citius.[2]
- Consider legal support or court action if the administrative route does not resolve the issue.
