Appealing Tenant Small Repairs in Portugal
As a tenant in Portugal, you may feel obliged to pay or carry out small repairs to the property and want to know how to challenge or appeal that obligation. This text explains, in simple language, when the landlord can require repairs, what the legal limits are for tenant small repairs, what evidence to gather and how to file an administrative or judicial challenge. We include deadlines, practical steps and examples of useful documents to organise your defence. If you prefer, there are formal routes through the judicial services and the Tenant Desk, but many cases are resolved with written communication and negotiation. These guidelines help protect your rights without complex terms.
What are small repairs?
"Small repairs" are low-cost maintenance interventions that usually do not change the structure of the property. The definition and limits appear in the NRAU and the Civil Code, which guide who bears the cost and in which situations it is possible to challenge the charge.[1]
In most cases, the tenant only pays for minor repairs.
- Common repairs: replacing bulbs, small adjustments to doors or taps (repair).
- Not structural works: replacing main plumbing or altering walls are not small repairs.
- Who pays: usually the tenant covers modest costs foreseen in the contract and law, but there are limits and exceptions.
When can you challenge it?
You can challenge when the requested repair is disproportionate, when the cost exceeds what is reasonable for small interventions, or when the problem arises from normal wear attributable to the landlord. Gather evidence before accepting any charge.
- Evidence: photos, messages, estimates and receipts showing the origin and cost of the damage (record).
- Deadlines: reply in writing within the indicated deadlines and keep proof of notification (within days).
- Documents: send a written challenge and, if necessary, submit it to the competent services (file).
Respond to notices within the deadline to avoid losing rights.
Practical rights and options
Before paying, request a written breakdown of the cost and compare with independent estimates. Many disputes are resolved with a formal letter or a cost-sharing proposal. If there is no agreement, you can resort to the appropriate administrative or judicial means.
Frequently Asked Questions
- Can I refuse to pay a small repair demanded by the landlord?
- Yes, if you prove the damage results from normal wear or the requested amount is disproportionate; start by asking for a detailed estimate and gathering evidence.
- How long do I have to challenge it?
- Reply as soon as you receive the notice; deadlines vary by case, so keep all communications and seek guidance if in doubt.[2]
- Where can I file a formal appeal?
- You can file an appeal with the Tenant Desk or, ultimately, through the courts using the Ministry of Justice services and judicial platforms.
How-To
- Gather evidence: photos, videos, estimates and receipts that document the problem and its origin.
- Write and send a challenge: draft a written objection and send it to the landlord by registered mail or email with proof of sending (file).
- Observe deadlines: respect legal deadlines to respond and to file any administrative or judicial appeal (within days).
- Negotiate with the landlord: propose a written solution before moving to litigation.
- If necessary, file a request with the Tenant Desk or competent courts via the Citius portal (file).
- If the dispute becomes litigation, attend proceedings and bring all organised documentation to the hearing.
Always keep copies of all communications and receipts related to the dispute.
Key Takeaways
- Not all interventions are the tenant's responsibility; know the limits.
- Document everything: clear evidence increases your chances of successfully challenging charges.
- Use formal channels if informal negotiation fails.
