Tenant rights for fixed vs open leases in Portugal
If you are a tenant in Portugal and have doubts about fixed-term or open (indeterminate) leases, this guide explains what changes in practice and which rights assist you. We will clarify common rental terms such as contract duration, notice periods, rent updates, responsibility for repairs and procedures in case of breach or eviction. The aim is to give simple steps: identify important clauses, gather documentation, communicate with the landlord and when to seek official support. We will avoid technical language where possible and point to resources and deadlines relevant to Portuguese law, including where to submit complaints or formal requests. With practical information and examples, you can make safer decisions and protect your rights.
Types of contract
A fixed-term contract has a defined start and end date; it ends automatically at the term unless agreed otherwise. An indeterminate (open) contract continues until one of the parties gives notice within the legal deadlines. Duration affects notice periods, renewals and eviction requirements under the NRAU and the Civil Code.[1]
The contract end date changes required notice periods and procedures.
Common rights and obligations
- Payments and rent updates must follow contract clauses and legal limits.
- Security deposit rules restrict amounts and set return conditions.
- Repairs: the landlord must ensure habitability; the tenant should notify in writing and allow reasonable access.
- Landlord entry requires prior notice except in emergencies.
- Notices and deadlines: meet response and termination deadlines to avoid losing rights.
Keep all payment receipts and written communications organized.
What to do if rent is increased
Request written information about the basis for the increase and check if it follows the contract clause or legal indexation. Negotiate in writing or request a review and, if necessary, use official channels to challenge abusive changes.
Respond quickly to proposed increases to respect objection deadlines.
How to act
- Read the lease and highlight clauses about term, rent and responsibilities.
- Gather evidence: receipts, photos, messages and communications.
- Contact the landlord in writing and keep copies of communications.
- If there is no agreement, contact the Tenant and Landlord Counter (BAS/BNA) or the competent court.[2]
Organized documentation makes it easier to request support or defend the case in court.
FAQ
- What is the difference between a fixed-term and an open contract?
- A fixed-term contract has a defined end date; an open contract continues until notice is given within legal deadlines.
- Can I be evicted without prior notice?
- Not usually; eviction normally requires court proceedings, except in cases of illegal occupation or a specific order.
- How to request urgent repairs?
- Notify the landlord in writing, document the problem and seek official support if there is no response.
