Tenants: contest rent increase in Portugal
If you received a rent increase notice in Portugal, you have the right to check whether the increase complies with the law and to contest or appeal it. Many tenants do not know the legal deadlines or the evidence they can present: invoices, written communications, contracts and assessments. This guide explains in plain language who can challenge an increase, when to act, which documents to gather and how to file a request with the Tenant and Landlord Desk or, if necessary, through the court. We include practical steps, sample evidence and official contacts for support. Acting early and documenting the process well increases the chances of success.
What a tenant can do
A tenant can challenge an increase when there is a formal illegality (for example, lack of proper notice) or when the amount does not respect applicable legal limits. The main legislation is NRAU (Law no. 6/2006) and the Civil Code; check formal requirements and limits before paying any contested amount.[1]
Who can contest
Current tenants and, in some cases, occupants with contractual rights can contest. If you are a subtenant, review your contract to understand specific rights.
Essential documents
- Lease agreement or previous rent receipts.
- Written communication from the landlord (notice, letter or email).
- Proofs of payment (receipts, bank transfers).
- Estimates or reports justifying the increase, when applicable.
Deadlines and procedures
If you disagree with the increase, respond in writing to the landlord as soon as possible and request formal clarification. For administrative requests such as the Tenant and Landlord Desk there are specific forms and deadlines; use them to register the contestation before moving to legal action.[2]
Court powers and alternative solutions
If the administrative route does not resolve the issue, you can file a court claim. The court may annul the increase, reduce the amount or order compensation if the increase is illegal. Alternatives include mediation or conciliation, when available.
Frequently Asked Questions
- How do I know if the increase is legal?
- Check whether the notice respects the form and deadline required by law, and whether the calculation follows contractual or legal limits; when in doubt, seek official support or advice.
- What are the deadlines to contest?
- Deadlines vary depending on the procedure (administrative or judicial). Respond in writing as soon as you receive the notice and consult the Tenant and Landlord Desk for specific deadlines.[2]
- Can I stop paying rent during the contestation?
- Generally, continuing to pay the rent due avoids risks of breach; keep proof of payments and request reimbursement of any undue amounts if the increase is annulled.
How-To
- Read the notice carefully and check dates and reasons.
- Gather documents: lease, receipts and communications.
- Send a written response to the landlord contesting the increase, with copies of the evidence.
- If necessary, file a complaint at the Tenant and Landlord Desk or seek official legal support.
- If the administrative route fails, consider legal action and get help to prepare the petition and evidence.
Key takeaways
- Always check form and calculation before accepting any rent change.
- Document and keep evidence; they are essential for successful challenges.
- Respond in writing and within legal deadlines to protect your rights.
Help and Support
- DRE - consolidated legislation (consult NRAU and amendments)
- CITIUS - Tenant and Landlord Desk and forms
