Leaks and Mould: Tenant Rights in Portugal
If you live in a rented home in Portugal and face leaks or mould, it is important to know how to exercise your rights as a tenant. Moisture problems can affect health and the habitability of the property; therefore there are practical steps to request repairs, document landlord failures and, if necessary, resort to administrative or judicial procedures. This article explains in plain language what to document, how to notify the landlord, deadlines to observe and when to use the Tenant and Landlord Service (BAS/BNA) or the courts. There are tips to prepare evidence, action templates and directions on where to obtain official forms in Portugal.
What are leaks and mould?
Leaks are unwanted water ingress through roofs, walls or pipes; mould is a common consequence of persistent moisture. Both can make rooms unfit for habitation and require landlord intervention under Portuguese conservation obligations [1].
How to act: main steps
- Notify the landlord in writing, describing the problem and requesting intervention.
- Collect evidence: photos, videos, moisture records and technical reports when possible.
- Request repair in writing and set a reasonable deadline for completion.
- Keep track of deadlines and proof of sending; meeting deadlines is important if you need to appeal.
- If the landlord does not act, consider filing a complaint at the Tenant and Landlord Service (BAS/BNA) or using Citius forms.
- If necessary, pursue judicial action to demand repairs or partial rent refund, with legal assistance.
Frequently Asked Questions
- Is the landlord obliged to repair leaks?
- Yes. The landlord has the duty of conservation and must ensure habitability; if they do not comply, they can be ordered to repair or compensate the tenant [1].
- Can I withhold rent until repairs are made?
- Withholding rent should be used cautiously and usually requires proof and often judicial intervention; seek legal advice before withholding payments.
- How do I use the BAS/BNA?
- The BAS/BNA allows submitting complaints and intervention requests for tenancy disputes; forms and procedures are available via the Citius portal [2].
How-To
- Document the issue with photos, videos, dates and witnesses.
- Send a written notice to the landlord requesting repair and stating a deadline.
- If there is no response, fill in the BAS/BNA form via Citius and file the complaint.
- If the administrative outcome is insufficient, prepare judicial action with clear evidence and claims.
Key Takeaways
- Always document problems with photos and records.
- Request repairs in writing and keep proof.
- Observe legal and administrative deadlines to protect your rights.
