Practical legal guide · Portugal
Tenant not paying rent in Portugal: what a landlord abroad can do
You own a flat or house in Portugal, live abroad, and the tenant has stopped paying rent. Portuguese law lets the landlord end the lease when rent is three months or more in arrears, and a special eviction procedure exists for tenants who do not leave. The tenant can cancel the termination once per lease by paying within a month. Because the landlord is not on site, a local lawyer handles the case.
Describe your caseUpdated and verified:
Short answer
- Termination for arrears
- Special eviction procedure
- Claim for unpaid rent
Three months of unpaid rent allow the landlord to end the lease, and a special eviction procedure exists if the tenant does not leave. Below we explain what is at stake and what a Portuguese lawyer does for a landlord abroad.
Describe your caseQuick answers
- When can I end the lease for unpaid rent in Portugal?
- When the tenant is three months or more in arrears with rent or charges, the landlord can end the lease.
- Can the tenant stop the termination by paying?
- Yes, by paying within one month, but only once per lease.
- What is the special eviction procedure?
- A procedure for recovering the property when the tenant does not leave after the lease has ended, handled by the Balcão do Arrendatário e do Senhorio.
When this situation arises
- You rent out a flat in Portugal while living in another country
- The tenant has missed several months of rent or charges
- The tenant does not respond or the agency cannot reach them
- The tenant stays in the property after the lease has ended
What options do you have
Termination notice
A lawyer prepares the termination for arrears and its proper delivery to the tenant.
Special eviction procedure
If the tenant does not leave, the lawyer starts the special eviction procedure.
Agreement with the tenant
A written payment plan or an agreed move-out date can be faster than a procedure.
Recommended step-by-step process
- 1.
Lease and arrears
The lawyer checks the lease, the amounts owed and how rent was paid.
- 2.
Termination
The lawyer prepares and delivers the termination in the form the law requires.
- 3.
Eviction
If the tenant stays, the lawyer files the special eviction procedure and claims the arrears.
- 4.
Representation
The lawyer represents you in Portugal, so you do not need to travel.
What documents to prepare
- Lease contract
- List of unpaid rent and charges with dates
- Bank statements showing payments received
- Messages or letters to the tenant
- Your passport and NIF
Common mistakes
- Changing the locks or cutting off utilities yourself
- Waiting many months before acting
- Accepting partial payments without a written agreement
- Sending a termination that does not meet the legal form
Risks and important deadlines
Self-help is not allowed
Removing the tenant or their belongings without the legal procedure can expose the landlord to liability.
Tenant pays late
If the tenant pays within the month, the termination lapses; this works only once per lease.
Lost rent
Every month of waiting adds unpaid rent that may be hard to recover.
When it's worth contacting a lawyer
Contact a lawyer in Portugal as soon as the tenant misses rent and does not respond, especially if you live abroad. A Portuguese lawyer prepares the termination, starts the special eviction procedure if needed and claims the arrears. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
Do I have to be in Portugal?
No. A lawyer in Portugal represents you.
Verified sources
- Código Civil, arts. 1083.º e 1084.º – resolução do arrendamento por falta de pagamento da renda — Diário da República (INCM)
- Lei n.º 6/2006 (NRAU), arts. 15.º e 15.º-A – procedimento especial de despejo e Balcão do Arrendatário e do Senhorio — Diário da República (INCM)
