Maintenance & Repairs: Tenant Rights in Portugal
As a tenant in Portugal, it is essential to know who is responsible for maintenance and what your rights are when faults or habitability issues arise. This guide explains, in simple terms, the duty of conservation, what minor repairs a tenant may be expected to cover, and when the landlord must intervene. We cover deadlines, required documentation, written communication and practical steps to request interventions, keep evidence and, if necessary, use official channels. The language is direct and intended for people without legal training, with tips to protect your home and avoid unnecessary conflicts with the landlord. It also includes information about official resources and how to file a complaint when deadlines are not met.
What maintenance covers
In Portugal, the legal framework (NRAU and Civil Code) establishes that the landlord has the duty to maintain the property, ensuring basic habitability conditions and repairing defects that affect the use of the rental[1]. Minor repairs specified in the contract or by law may be borne by the tenant, but should not endanger safety or habitability.
How to act when there is a problem
1) Notify the landlord in writing, describing the issue, date and request for intervention. 2) Keep evidence: photos, video, messages and receipts for expenses. 3) Indicate a reasonable deadline for the intervention and ask for written confirmation. If the landlord does not respond, record the attempt and move to formal steps.
Document and keep evidence
Record every contact and expense; keep a file with dated emails, photographs and estimates. These documents are essential if you need to use the Tenant and Landlord Desk or the courts[2].
Frequently Asked Questions
- Who pays for minor repairs?
- The contract and the law define what is considered a minor repair; generally small wear-and-tear expenses may be the tenant's responsibility, but structural repairs are the landlord's duty.
- How long does the landlord have to fix it?
- They must act within a timeframe considered reasonable given the seriousness; if there is no response, use evidence and official resources to speed up the intervention.
- Can I refuse the landlord entry to carry out repairs?
- The landlord only has the right to enter as defined in the contract and by law; arrange day and time, request identification and prefer written records of visits.
How to proceed
- Contact the landlord in writing (email or letter) and request repairs indicating the problem and the date.
- Record defects with dated photos, descriptions and estimates when available.
- If there is no response, submit a complaint or request via the Tenant and Landlord Desk (BNA/BAS) and keep proof.
- If necessary, consider legal remedies based on the collected documentation and legal deadlines.
Key Takeaways
- Always document issues with photos and written communications.
- Set reasonable deadlines for repairs and request written confirmation.
- Use official resources (BNA/BAS) before starting legal actions.
