Who Pays the Deposit Refund for Tenants in Portugal
As a tenant in Portugal, knowing who pays and when you receive the deposit refund is essential to protect your security deposit and avoid surprises when ending the rental agreement. This guide explains, in plain language, legal deadlines, legitimate reasons for deductions (such as proven damage or unpaid rent) and practical steps you should follow to request the refund. It includes guidance on final inspections, documents to keep, and how to file a complaint if the landlord does not return the deposit on time. If you need official support, we also indicate the relevant government contacts and forms for renting in Portugal.
Who is responsible for the refund?
As a general rule, the landlord is responsible for returning the deposit to the tenant at the end of the contract, except where there are legal reasons for withholding or justified deductions. The deposit is intended to cover damage to the property, necessary repairs or unpaid rent, provided there is documentary evidence. Check applicable legislation to confirm specific deadlines and rights.[1]
Deadlines and calendar
- Normally the refund should occur within a reasonable period after the contract ends (for example within 30 days) or as stipulated in the contract.
- If there are deductions, the landlord must detail the amounts and evidence before withholding part of the deposit.
Inspection and evidence
Before returning the deposit, a final inspection is common. Record the property condition with dated photos and copy any documents proving rent payments or repairs. Without documentation, deductions can be contested.
- Dated photographs and an inventory of the property condition.
- Payment receipts and written communications between tenant and landlord.
What can be deducted from the deposit?
Deductions are only legitimate when proven: damage beyond normal wear and tear, unpaid work or unpaid rent. Ordinary cleaning costs do not usually justify withholding unless the contract specifies and there is proof. If you disagree with deductions, request written justifications and estimates.
- Repairs for damage caused by the tenant with documentary proof.
- Outstanding payments that were not settled before moving out.
- Estimates and invoices that substantiate claimed expenses.
Frequently Asked Questions
- How long does the deposit refund take?
- It depends on what is stipulated in the contract and the applicable law; many contracts provide terms such as 30 days, but reasonable deadlines may vary depending on the case.
- Can the landlord withhold the deposit without justification?
- No. The landlord must present proof of the reasons for withholding, such as estimates or invoices supporting deductions.
- How can I complain if the deposit is not returned?
- Send a written complaint and, if necessary, file a complaint through official channels or the competent court; forms and procedures are available on government platforms.
How to proceed
- Gather evidence: photographs, inventory and receipts before handing over the keys.
- Request the deposit refund in writing and keep proof of sending.
- Wait the period indicated in the contract or a reasonable time, and note important dates.
- If there is no response, contact official rental support services and learn about the necessary forms.
- If necessary, resort to legal means or the National Rental Desk as appropriate.
