Tenant: waiting lists and applications in Portugal
Tenants in Portugal often ask who should bear costs linked to waiting lists and housing applications: application fees, provisional deposits or administrative charges. This article explains, in plain language, which expenses are lawful and when a landlord may request payment; it also covers responsibilities for maintenance and small repairs and gives practical steps to gather evidence, dispute improper charges and use official means in Portugal. We include deadlines to observe, useful documents and guidance to file complaints without a lawyer. Reading carefully and keeping records increases your protection as a tenant.
Basic rights
Not all charges made during an application are valid. As a rule, the landlord may request a deposit when provided for in the contract, but brokerage fees or charges not foreseen in the contract or law may be illegal. Always check applicable legislation and ask for written justification for any amount requested. [1]
What can be charged
- Security deposit when provided in the contract or written proposal.
- Amounts for proven damages or cleaning if there is a later agreement.
- Administrative fees only if agreed in writing and lawful.
What you should not pay
- Brokerage fees or commissions without contractual or legal justification.
- Small essential repairs that are the landlord's responsibility as a conservation duty.
- Fines or penalties not stated in the contract or that are illegal.
If an uncertain payment is requested, ask for an invoice or receipt and refuse cash payments without documentation. Note dates, names and the context of conversations.
How to prove an improper charge
Gathering evidence is essential: contracts, proof of payments, messages, photographs and witness statements help demonstrate an improper charge. If the issue involves maintenance, record the property's condition and communications about repair requests. [2]
When to use official mechanisms
If negotiation does not resolve the matter, you can file a complaint with the competent authorities or use court services when necessary. The Tenant and Landlord Desk and the courts accept injunctions or claims to recover amounts, always based on clear documentation.
FAQ
- Can I recover a deposit if the application is unsuccessful?
- Yes, if you paid a deposit and the application does not proceed without valid justification, you can request a refund with receipts and proof of the initial terms.
- Can a landlord charge a verbal application fee?
- It is not advisable to accept verbal charges; payments should only be made with written documentation that justifies the fee.
- Who pays small repairs while the application is pending?
- Generally, small repairs necessary for habitability are the landlord's responsibility, unless there is an express agreement that does not contravene the law.
How to
- Collect all documents: contract, receipts, messages and photos of the property.
- Contact the landlord in writing asking for explanations and invoices for any charge.
- If there is no response, send a formal complaint by registered mail or email with acknowledgement of receipt.
- If the complaint fails, seek the Tenant and Landlord Desk services or start legal proceedings with documentary support.
- Record the outcome and recover amounts due through legal means if the decision is favorable.
Key takeaways
- Always request written documentation before paying any fee.
- Keep evidence and receipts from the first contact.
- Use the Tenant and Landlord Desk to resolve administrative disputes.
