Security Deposit & Short-Term Rent: Tenants in Portugal
Living in short-term rentals raises questions about security deposits, rent increases and responsibilities between tenants and landlords in Portugal. This text explains, in plain language, what a security deposit is, how much can be charged, how to document payments and which deadlines to observe to request a refund. It also guides on maintenance, when deductions are reasonable and how to use evidence if there is a dispute. It includes practical steps to file a complaint or official form and links to State resources for support. The explanations are for tenants who want to protect their rights without being legal experts.
What is a security deposit and when is it allowed
A security deposit is a guarantee for contractual obligations: payment of rent, damages or cleaning at the end of the lease. In Portugal, the amount and form of deposit should be in the contract and must respect applicable law, including reasonable limits and clear purposes.[1]
How to document and protect payments
Recording each payment protects the tenant in case of dispute. Use signed receipts or bank transfer and photograph the property condition when you move in.
- Pay the deposit by transfer or receive a receipt signed by the landlord.
- Take photos and keep messages that prove the property condition at move-in and move-out.
- Request a clause in the contract detailing conditions for retention or deduction of the deposit.
Deductions and maintenance
The landlord may deduct amounts from the deposit for repairs caused by damage beyond normal wear. There are differences between essential repairs and improvements; negotiate and request written estimates before accepting deductions.
Deadline to return the deposit
There is no single universal deadline — check the contract and negotiate clear deadlines for inspection and return. If there is no agreement, document written requests and prepare evidence to claim.
When to involve official services
If there is no agreement, the tenant can use official channels to try to resolve it, including administrative complaints or court action when necessary. Specific procedures and templates are available on official portals.[2]
FAQ
- How much can be charged as a deposit?
- The contract should specify the amount; it usually corresponds to one month s rent or a reasonable multiple and must be justified.
- Can I request the deposit back if the landlord does not respond?
- Send a written request and, if there is no response, consider official procedures or legal action to claim the deposit.
- Can the landlord retain the deposit for cleaning?
- Only if there is dirt beyond normal wear, and it is advisable to request written estimates and justifications before accepting deductions.
How-To
- Gather documents: contract, receipts, photos of the property condition at move-in and move-out.
- Send a formal written request to the landlord asking for inspection and return of the deposit with a clear deadline.
- Keep all correspondence and repair estimates as evidence.
- If there is no agreement, consult official resources and, if needed, submit a request through State channels or court.
