Tenants: who pays for leaks and mold in Portugal
If you are a tenant in Portugal and face leaks or mold in the property, it is normal to ask who should cover the costs and how to act. This text explains, clearly and practically, the obligations of the landlord and the tenant when it comes to small repairs, maintenance or conservation works. It includes steps to document the problem, communicate in writing to the landlord, deadlines to respect and when to appeal to official instances. It also covers rights in cases of health risk or loss of habitability and points to legal resources, such as the NRAU and procedures available through judicial services. The guidance aims to help tenants demand repairs without complicated legal language.
What does the law require?
In Portugal, the Rental Law (NRAU) and the Civil Code distinguish the obligation to conserve the property and small repairs. As a rule, the landlord must ensure the habitability of the building and bear structural conservation works; the tenant is liable for damage they cause and for small repairs foreseen in the contract. Consult the applicable legislation to know limits and exceptions.[1]
In many situations, structural maintenance is the landlord's responsibility.
Practical steps for the tenant
Follow these steps to increase the chance of a quick, documented solution.
- Document the problem with photos, videos and a dated record (photos and record).
- Notify the landlord in writing and keep proof of sending and the form or receipt associated.
- Allow inspection: schedule a time for entry/inspection and keep a record of the visit.
- Keep all repair receipts and request an invoice if you pay small repairs that you consider the landlord's responsibility.
- If there is no response, request intervention from the Tenant and Landlord Desk (BAS/BNA) or consider legal action.
Dated evidence and written communication make complaints and official procedures easier.
Rights in case of health risk
When mold or leaks pose a health risk or affect habitability (for example, exposed electricity, humidity that affects breathing), you can demand immediate repairs and, in urgent cases, request protective measures in courts or from BAS/BNA.[2]
Respond to notices and meet deadlines to avoid losing procedural rights.
Frequently Asked Questions
- Who pays for repairs due to leaks and mold?
- It depends on the cause: if the leak results from lack of building maintenance, usually the landlord; if it is damage caused by the tenant, the tenant pays.
- Can I withhold rent if the problem is not fixed?
- Withholding rent is a sensitive and risky measure; before withholding, document, notify and seek guidance from BAS/BNA or legal advice.
- How long does the landlord have to repair?
- There is no single deadline; you should notify in writing and indicate a reasonable period. If there is no response, use BAS/BNA or the courts for urgent measures.
How to
- Document and notify: document with photos and dated records and notify the landlord in writing.
- Keep evidence: save all emails, messages, invoices and receipts.
- Schedule inspection: contact the landlord to schedule an inspection and request written confirmation.
- Escalate to BAS/BNA: if there is no solution, file a complaint with the Tenant and Landlord Desk or seek judicial relief.
- Keep emergency invoices: if you pay for urgent repairs, keep invoices and seek reimbursement if the landlord is responsible.
