Can a Landlord Enter? Tenant Rights in Portugal
As a tenant in Portugal, you may wonder when a landlord can enter the property and who pays for small repairs. This guide explains, in plain language, tenant rights regarding privacy and habitability, the landlord's obligations for maintenance and how to distinguish emergency interventions from visits that require prior notice. We also describe legal deadlines for notifications, useful documents to prove an unauthorized entry or delay in repairs, and practical steps to request support. By following these guidelines, you will know how to act safely and when to turn to official channels to protect your rights.[1]
When a landlord can enter
A landlord may only enter the property without tenant authorization in emergencies that endanger people or property, for example gas leaks or fire. For other interventions, such as inspections or small repairs, prior notice and implicit or explicit consent are required, except for legally defined exceptions.[1]
Maintenance obligations and small repairs
As a rule, the landlord is responsible for structural maintenance and making the property habitable; tenants usually bear small repairs from normal use unless the contract states otherwise. Record all communications in writing and request estimates when needed.
- Structural maintenance and serious habitability issues are generally the landlord's responsibility.
- Small repairs due to normal wear may be charged to the tenant if the contract provides for it.
- Notify the landlord in writing before carrying out works or interventions on the property.
Unauthorized entry and what to do
If the landlord enters without notice and without an emergency reason, document the event: take photographs, ask for identification of the person and note date and time. Then send a formal written request and ask for explanations. If privacy violations continue, consider seeking legal support or the Balcão do Arrendatário e do Senhorio services.[2]
How to proceed if repairs are not done
If the landlord fails to meet maintenance obligations, communicate in writing and request a deadline for repairs. If the issue is urgent and the landlord does not act, you may use legal means to require intervention and, in some cases, deduct costs, always with documentary proof.
- Document the problem with photos and records of communications.
- Send a formal request and keep proof of delivery.
- Seek tenant support services or legal assistance if necessary.
FAQ
- Can a landlord enter without notice for routine visits?
- No. Routine visits require prior notice and tenant agreement, except in emergencies.
- Who pays for a plumbing repair caused by normal use?
- Usually small repairs due to wear are the tenant's responsibility, but structural repairs and existing defects are the landlord's duty.
- What evidence should I collect if the landlord entered without permission?
- Photos, date and time records, witnesses and written communications are essential.
How To
- Document the incident with photographs and detailed notes about date, time and witnesses.
- Send a formal written request to the landlord asking for clarification and repairs if applicable.
- Seek support from local tenant defense services or legal assistance.
- If necessary, use the Balcão do Arrendatário e do Senhorio channels or go to court.
