Subletting & Room Sharing for Tenants in Portugal
What are subletting and room sharing?
Subletting is when the original tenant grants full or partial use of the property to another person for a period in exchange for payment; sharing (coliving/rooms) means dividing the space among several people without necessarily transferring the entire lease. Many contracts contain clauses that prohibit or condition subletting, and the landlord's authorization may be required.
Rights and legal limits
In Portugal, urban tenancy is regulated, with Law No. 6/2006 (NRAU) and the Civil Code being essential references to interpret rights and duties.[1] As a rule, do not sublet without checking the contract and, when necessary, request written authorization from the landlord. A landlord's refusal may be legitimate in cases provided by law; however, an unfounded refusal can be contested.
How to document and act
Record everything in writing and keep evidence: lease, rent receipts, messages and photos of the property's condition. If you need letter templates or to file a communication, use the official channels and, if necessary, the electronic forms provided by the Ministry of Justice platforms.[2]
- Keep essential documents (lease, identification and payment proofs).
- Request written authorization from the landlord (letter or form) before accepting subtenants.
- Record contact and communications with the landlord to build a history of attempts to agree.
FAQ
- Can I sublet without asking the landlord?
- You should normally check the contract: many leases require the landlord's express authorization; without authorization there may be a contractual breach and risk of contract termination.
- What documents should I keep?
- Keep the lease, rent receipts, messages or emails, photos of the property's condition and any written landlord authorization.
- What to do if the landlord refuses?
- Ask for reasons in writing, document everything and, if necessary, consult tenant support services or use the forms on the justice portal for guidance.
How-To
- Read your lease and identify clauses on subletting and sharing.
- Request written authorization from the landlord, specifying dates, names of subtenants and agreed conditions.
- Gather evidence: written agreements, exchanged messages, photos of the property and payment receipts.
- If there is a dispute, submit an information request or complaint through official channels (BAS/BNA) and keep proof.
Key Takeaways
- Always check the lease before agreeing to subletting.
- Request written permission and keep a copy.
- Document communications and evidence to prevent disputes.
