Advance Payments vs Forfait: Tenant Rights in Portugal
If you are a tenant in Portugal and have received a request for an advance payment or a forfait clause in the rent, it is important to know what these terms mean and what rights you have. This text explains, in plain language, when a landlord can require advances, how fixed-payment clauses (forfait) work, and what legal limits exist under the NRAU and the Civil Code. It also describes practical steps to request repairs, refuse illegal charges or respond to eviction notices, with tips on documentation, deadlines and official contacts. The guidance aims to help tenants protect their housing and communicate clearly with the landlord or competent authorities.
What are advances and forfait?
Advances are sums requested by the landlord before or during the contract to guarantee future payments; forfait clauses set a fixed amount that covers various expenses or services. Not all advances are legal and a forfait cannot circumvent limits provided by law, such as in the NRAU and the Civil Code[1]. The distinction matters to know whether you can request receipts, demand accounting or contest charges.
When can the landlord demand advances or forfait?
The landlord may only demand what is agreed in the contract and what is allowed by law. When evaluating a request, check:
- Whether the amount is specified in the contract and detailed.
- Whether there is a receipt or document proving payments.
- Whether the amount is disproportionate compared to the rent and usual expenses.
- Whether the landlord is obliged to provide accounting or justify the forfait.
Tenant rights and repairs
The tenant has the right to a habitable dwelling; the landlord is responsible for essential repairs. You can keep written records and request interventions, and in cases of non-compliance you can resort to legal means or the Tenants and Landlords Service (Balcão do Arrendatário e do Senhorio)[2].
How to contest charges or act
If you consider a charge illegitimate, follow clear steps to protect yourself:
- Ask the landlord for a detailed receipt or invoice.
- Document written communications and photograph problems that justify repairs.
- Send a formal request by registered mail with acknowledgment of receipt or by email with read confirmation.
- If there is no response, find out about actions at the Tenants and Landlords Service[2].
Frequently Asked Questions
- Can I refuse to pay an advance not provided for in the contract?
- Yes, you can refuse and ask the landlord to justify it in writing; if there is suspicion of illegality, seek advice or use official channels.
- Does a forfait exempt the landlord from making repairs?
- No. A forfait clause does not exempt the landlord from the habitability and maintenance obligations provided by law.
- What evidence should I keep for a dispute?
- Receipts, photographs, emails, messages and copies of the contract are essential to prove payments and the condition of the dwelling.
How To
- Gather documentation: contract, receipts, photographs and correspondence.
- Send a formal complaint to the landlord with a deadline for response.
- If there is no agreement, submit a request to the Tenants and Landlords Service via the official portal.
- Consider legal support or mediation services before court actions.
Key Takeaways
- Always check the contract before paying advances or accepting forfaits.
- Keep proof of payments and communications to protect yourself in disputes.
