Discrimination and Tenants in Portugal: common mistakes
As a tenant in Portugal, understanding discrimination and equal treatment in rental housing protects your rights and helps you avoid common mistakes. Many situations feel like abuse — selective rent increases, refusal to rent for personal reasons, or unjustified inspections — and require practical responses. This article explains, in clear language, when conduct may amount to discrimination, what evidence to collect, deadlines to meet and steps to file a complaint or request measures with competent authorities. We include practical examples, guidance on official forms and tips for communicating with the landlord without harming your position. The goal is to help tenants in Portugal act confidently and preserve their right to fair treatment.
What is discrimination in renting?
Discrimination in renting happens when a landlord treats an applicant or tenant unequally for prohibited reasons (such as origin, sex, marital status, age or family). Not every difference in treatment is illegal, but Portuguese law sets limits and protects access to housing.[1]
In many cases, documentary evidence is decisive to support a complaint.
Common mistakes that harm tenants
- Selective rent increases applied without written justification.
- Refusing to rent for personal reasons that amount to discrimination.
- Carrying out inspections or entries without prior notice or consent.
- Retaliation after the tenant complains about habitability conditions.
- Failing to keep records of communications, receipts and relevant messages.
Always request written confirmation of landlord decisions and keep copies.
How to act step by step
If you believe you were discriminated against, follow clear steps to protect your rights and build a solid case.
- Note dates, people involved and collect evidence (messages, photos, receipts).
- Contact the landlord in writing and request clarification, keeping a formal and objective tone.
- Consult applicable legislation and fill in official forms when necessary.[1]
- If there is no solution, submit a complaint to the Balcão do Arrendatário e do Senhorio (BAS/BNA) or proceed to court following official guidance.[2]
- Consider legal support to assess urgency, deadlines and precautionary measures.
Respond to formal notices within deadlines so you do not lose procedural rights.
FAQ
- What must I prove to show discrimination?
- Show patterns of unequal treatment, discriminatory communications and documentary evidence proving different treatment compared to other tenants.
- Can I refuse a landlord visit?
- The landlord must provide advance notice; visits without consent may violate privacy except in emergencies.
- Where do I file a formal complaint?
- You can use BAS/BNA services and, if necessary, file a court action following Civil Procedure Code procedures.
How-To
- Gather all documentation: contracts, receipts, messages and photos.
- Send a formal communication to the landlord in writing and keep proof.
- Fill and submit the appropriate form to BAS/BNA or prepare a complaint.
- If urgent, request injunctions in court with legal assistance.
Key Takeaways
- Clear documentation makes proving discrimination easier.
- Communicating in writing protects your position.
- There are official mechanisms in Portugal for complaints and protection.
Help and Support
- Legislation: DRE - Diário da República Eletrónico
- Balcão do Arrendatário e do Senhorio (BAS/BNA) - Citius
