Fair Subrent: Tenant Guide for Portugal
Calculating a fair subrent can be confusing for any tenant in Portugal. This text explains, clearly and practically, how to assess an appropriate amount, which factors to consider — such as the tenant's rent, proportional expenses, and improvements — and what legal rights the tenant has under the NRAU [1] and the Civil Code. It also describes how to document expenses, communicate with the landlord and when to seek formal support. The goal is to provide useful steps to negotiate safely, avoid unnecessary conflicts and prepare evidence if mediation or court is needed. Read carefully and keep all documents mentioned. Seek help if you have doubts or need contact information.
What is a fair subrent?
Fair subrent is the amount requested by someone subletting a dwelling, calculated proportionally to the main contract and the expenses assumed. For the tenant receiving a subletting proposal, the important thing is to check whether the amount only covers reasonable costs and proportional shares of rent and services. If there are works or improvements that increase the price, those costs must be documented and agreed.
How to calculate a fair subrent
There is no single formula, but a practical method is to add the proportional part of the rent, the divided common expenses, and any additional costs (such as improvements) and then divide by the relevant number of days or months. Always note the calculations and keep supporting documents.
- Calculate the proportional part of the rent (rent) for the subletting period and used space.
- Include proportional utilities (water, electricity, gas) with recent receipts as proof.
- Record repair or improvement costs, indicating who paid and when.
- Document everything with dated photos, invoices and receipts (proof) to avoid disputes.
- Request a written agreement that details the amount, terms and responsibilities (form).
- Consider deadlines (days) for payments, notices and termination of the subletting.
If the original landlord has clauses that prohibit subletting, the subtenant should request authorization; otherwise, the situation may create legal conflict. If you are unsure about contract interpretation, seek specialist support or the Tenant and Landlord Desk.[2]
What to do if you disagree with the amount
Start by negotiating in writing, presenting calculations and supporting documents. If there is no agreement, request mediation or legal assistance. Keep copies of all messages and receipts and note dates and conversations.
How-To
- Gather documentation: rent receipts, utility invoices and photos of the conditions.
- Make a clear calculation on paper or spreadsheet with each item and the total.
- Propose a written amount to the sublandlord and ask for written explanations if you disagree.
- Seek support from official services or helplines if you need guidance (help).
- If necessary, turn to the Tenant and Landlord Desk or the courts for formal resolution (court).
Frequently Asked Questions
- Can the landlord prohibit subletting?
- Yes, if the contract expressly states it. If in doubt about the clause's validity, request clarification in writing and consult applicable legislation.[1]
- How can I prove expenses related to subletting?
- Keep receipts, invoices, bank transfers and dated photos. Written records of communications also help.
- Where to ask for help if there is a dispute?
- You can contact the Tenant and Landlord Desk via the judicial services or seek free legal assistance when applicable.[2]
Key Takeaways
- Always document all expenses and communications related to subrent.
- Calculate the proportional share of rent and utilities to justify the requested amount.
- Seek official support early to prevent escalation of the dispute.
