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When the landlord may enter the home
During the lease, the tenant has use and enjoyment of the home under the terms of the agreement. The landlord must respect privacy and arrange any visit or inspection in advance, except in urgent situations where it is necessary to protect people or prevent serious damage.
- Entry must have a legitimate reason, such as a repair, necessary inspection, or previously arranged visit.
- The time should be reasonable and agreed in advance whenever circumstances allow.
- The landlord should not enter merely because they have keys, or authorize third parties to enter without informing the tenant.
- Repeated, intimidating, or unauthorized entry may justify a complaint and possible legal assessment.
Visits for sale or a new lease
If the property is going to be sold or leased again, the landlord may need to show it to interested people. Even so, visits should be arranged proportionately, with advance notice and respect for the tenant's routine. Agree on days and times in writing and indicate whether you prefer to accompany the visits.
The lease may contain specific rules about visits, but those rules should not be interpreted as permission for unrestricted access. If the landlord or real estate agent appears without notice, you can explain that you need a prior agreement and record the incident.
How to protect your privacy
- Read the lease clauses on inspections, repairs, and visits before accepting a time.
- Keep messages, emails, photographs, and a record of the dates and circumstances of every entry.
- Communicate in writing and seek help if there are threats, harassment, or unauthorized entries.
Repairs, maintenance, and emergencies
The landlord should be able to access the property when entry is necessary for work or maintenance that is their responsibility, but should try to give notice and arrange access. The tenant should allow legitimate work and cooperate in good faith, without losing the right to clear communication and safe conditions.
In an emergency, such as a serious water leak, fire, or immediate risk to people or the building, entry may be necessary without the usual notice. After the event, ask for an explanation of what happened and keep documents relating to the damage and repairs.
If the property is sold
The sale of the property does not automatically end the lease. Generally, the buyer succeeds to the landlord's position, subject to the rules applicable to the agreement and its duration. The tenant should continue paying rent under the agreed terms and request written confirmation of any change to payment details.
During the sale process, ask for the identification of visitors and do not provide personal documents or money to third parties without confirming their legitimacy. If you receive a communication about ending the lease, a rent increase, or leaving the home, review the notice and applicable deadlines before acting.[2]
What to do about unauthorized entry
- Record the date, time, people present, and the reason given for the entry.
- Send an objective message requesting advance notice and agreement on future visits.
- If there is a threat, violence, or damage, contact the authorities and seek immediate support.
- For an ongoing conflict, consider legal advice and the official tenancy mechanisms available.
Frequently asked questions
- Can the landlord enter whenever they want because they own the property?
- No. Ownership of the property does not remove the tenant's right to privacy and use of the home during the lease.
- Must I accept every viewing for a sale?
- The tenant should cooperate with legitimate and reasonable viewings, but they should be arranged with advance notice and at acceptable times, except in an emergency.
- Can I refuse an entry without notice?
- You can explain that you do not authorize unarranged entries, except where there is a real emergency, and should keep proof of the communication.
- What should I do if the landlord keeps entering?
- Record the events, communicate in writing, and seek legal or institutional support to assess the situation and next steps.
How to respond to an entry request
- Ask in writing for the reason for the visit and the identity of everyone who intends to enter.
- Suggest a reasonable day and time, taking your availability and the urgency of the work into account.
- Confirm the agreement and keep messages, photographs, or reports related to the visit.
- Contact a support organization or qualified professional if the conflict does not end.
Help and resources
- Tenant and Landlord Desk for information about tenancy procedures.
- Citius and BNA forms to consult official information and applications.
- Electronic Official Gazette to consult updated Portuguese legislation.