When Can a Landlord Enter? Tenant Rights in Portugal
As a tenant in Portugal, it is essential to know when a landlord can enter the property and what your rights to privacy and security are. This guide explains, in clear language, the notice periods for visits and inspections, when prior authorization is required, what to do in an emergency and how to request repairs. It includes practical steps to document communications, keep evidence and, if necessary, turn to the Tenant and Landlord Desk or the courts. Being informed helps protect your rights, avoid conflicts and ensure maintenance interventions are carried out correctly.
Visits, inspections and repairs: legal timeframes
The landlord may only enter the property at times permitted by law or with your consent. For non-urgent visits (inspections, showing to prospective tenants, or scheduled works) notice and an agreed date and time are typically required; in emergency situations (water leaks, fire risk) access can be immediate to prevent greater damage. For mandatory conservation works, the landlord should provide advance notice and, when possible, agree on times. In all written communications, state the issue, propose times and keep copies of messages and photographs as evidence.[1]
Consent, refusal and entry without notice
Tenant consent can be explicit (written) or implicit (when a visit is accepted). Refusing a fair, scheduled and justified entry can be treated as a contract breach if it hinders essential repairs. However, entries without notice and without legitimate reason may violate privacy and give rise to formal complaints. If an entry occurs without notice, note the date, time, names of those present and photograph records or damages if possible.
How to request repairs
When habitability is affected (e.g., lack of water, heating, leaks), notify the landlord in writing requesting intervention and a reasonable timeframe for repair. If there is no response, send a second notice and collect all evidence: photographs, messages, estimates or receipts for temporary repairs you covered. If the problem persists, you may turn to the Tenant and Landlord Desk (BAS/BNA) or start legal actions under the Civil Code and NRAU.[1][2]
Frequently Asked Questions
- What notice must a landlord give before entering?
- For non-urgent visits, the landlord should give advance notice and schedule a date and time; in emergencies they may enter without notice.
- Can the landlord change the lock without warning?
- No. Changing the lock without agreement can prevent your right to habitation and may be considered illegal eviction.
- What should I do if the landlord enters without permission?
- Note details, gather evidence (photos, messages) and consider filing a formal complaint or seeking BAS/BNA support.
How-To
- Gather evidence: photos, videos and records of communications about the issue.
- Notify the landlord in writing stating the problem and proposing deadlines for intervention.
- Record dates and deadlines: keep receipts, emails and messages as proof.
- If there is no solution, contact the Tenant and Landlord Desk or seek legal advice.
Key Takeaways
- The landlord needs notice or consent for non-urgent visits.
- For urgent repairs, access may be immediate to avoid damage.
- Document everything to protect your rights in disputes.
