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Residential lease agreement template for Portugal

Fixed-term residential lease (permanent home)Contrato de arrendamento urbano para habitação permanente com prazo certo

A fixed-term lease of a home that the tenant will use as a permanent residence, under the Código Civil and the NRAU. It sets the parties, the property and its licence, the term and renewal, the rent and its update, the deposit, charges, works, termination and the tax reporting duty.

Use it when a private landlord lets a house or flat, furnished or not, as the tenant's permanent home for 1 year or more. Do not use it for a holiday let, a short let for work or study (habitação não permanente), a room in the landlord's own home, a lease that must qualify for the simplified affordable rent regime (RSAA, which adds a rent cap and a minimum term of 3 years), or a commercial lease. Most rules on termination are mandatory: a clause that gives the tenant less than the law has no effect.

Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.

Key facts

Applies to
Whole country (mainland Portugal, Azores and Madeira)
Term
1 to 30 years for a permanent home. Other terms adjust to these limits (Código Civil, art. 1095). No term stated: 5 years (art. 1094(3)).
Renewal
Automatic, for periods equal to the term or 3 years if the term is shorter, unless the lease says otherwise (art. 1096).
Landlord's notice to stop renewal
240 days (term of 6 years or more), 120 days (1 to 6 years), 60 days (6 months to 1 year) (art. 1097).
Landlord's first non-renewal
Not effective before 3 years from signature, except for the landlord's or a child's own housing need (art. 1097).
Tenant's notice
To stop renewal: 120, 90 or 60 days, by term length (art. 1098).
Tenant leaving early
After one third of the term: 120 days' notice, or 60 days if the term is under 1 year (art. 1098).
Deposit and advance rent
Deposit up to 2 months' rent. Rent paid in advance up to 2 months, by written agreement (art. 1076).
Late rent
Penalty of 20% of the sum due, unless the tenant pays within 8 days (art. 1041).
Termination for arrears
Arrears of 3 months or more, or payment more than 8 days late more than 4 times in 12 months (art. 1083(3) and (4)).
Tax reporting
Landlord reports the lease to AT by the end of the month after it starts (Código do Imposto do Selo, arts. 2(5) and 60).
Stamp duty on the lease
10% of one month's rent, paid by the landlord (Código do Imposto do Selo, arts. 2(5) and 60).
Annual rent update
By the INE coefficient, with 30 days' written notice, first after 1 year (art. 1077). Coefficient: 1.0224 for 2026, 1.0256 for 2027.

The document

Text shown

You sign the Portuguese version. The English version helps you understand it. Your answers fill both.

Fixed-term residential lease (permanent home)

  1. 1.Parties

    1. 1.1

      First party: Landlord's full name, holder of Landlord's identity document and number, tax number Landlord's tax number (NIF), Landlord's birth details, marital status, domiciled at Landlord's address for notices, hereinafter "the landlord".

      List every co-owner. For a company, give its name, registered office and representative.

    2. 1.2

      Second party: Tenant's full name, holder of Tenant's identity document and number, tax number Tenant's tax number (NIF), Tenant's birth details, marital status, hereinafter "the tenant".

      List every co-tenant.

    3. 1.3

      The parties enter into this urban residential lease, governed by the following clauses and, where they are silent, by the Civil Code and the New Urban Lease Regime.

  2. 2.Leased property

    1. 2.1

      The landlord lets to the tenant Type of property, located at Full address of the property, parish and municipality of Parish (freguesia) and municipality, described at Registry office and description number and entered in the urban tax register under article Tax register article (artigo matricial).

    2. 2.2

      The property has licence of use Licence of use and energy certificate Energy certificate number and class.

      Give the licence number, date and municipality. Buildings built before 7 August 1951 need none. Attach an authentic proof of build date (DL 160/2006, art. 5).

    3. 2.3

      The lease includes the following annexes for the tenant's exclusive use: Annexes let with the home. The tenant has access to the following common parts of the building: Common parts the tenant may use.

      List any garage space, storage room or garden.

    4. 2.4

      Optional

      The property is let with the furniture and equipment listed in the attached inventory: Furniture and equipment included.

      Keep it for a furnished let. A furnished let is a single lease with a single rent. Refer to the inventory annex.

  3. 3.Use of the property

    1. 3.1

      The property is to be used only as the permanent home of the tenant and the tenant's household, and may not be put to any other use.

    2. 3.2

      Optional

      The tenant may not take in paying lodgers.

      Without this clause the tenant may take up to 3 paying lodgers. Delete it if the landlord accepts lodgers.

  4. 4.Term and renewal

    1. 4.1

      The lease is made for a fixed term of Term years, starting on Start date of the lease.

      The minimum is 1 year and the maximum 30 years for a permanent home.

    2. 4.2

      At the end of the term, the lease renews automatically for successive periods of the same length, or of three years if the term is shorter, unless either party opposes renewal under articles 1097 and 1098 of the Civil Code.

      The parties may agree a different renewal period or no renewal. This clause repeats the legal default.

    3. 4.3

      The landlord's opposition to the first renewal takes effect only three years after the lease was signed, except where the landlord or the landlord's children need the home to live in.

  5. 5.Rent

    1. 5.1

      The monthly rent is Monthly rent in euros, in figures euros (Monthly rent in words, in Portuguese euros).

    2. 5.2

      The rent falls due on day Day of the month the rent is due of the month before the month it covers and is paid by bank transfer to the account with IBAN Landlord's IBAN for rent. The transfer receipt is proof of payment. The landlord issues the corresponding rent receipt.

      Without agreement, the first rent is due on signature, and later rents on the first working day of the month before the month they cover.

    3. 5.3

      Optional

      The landlord declares that the property was let under a lease signed in the five years before Lei n.º 56/2023 of 6 October entered into force, whose last rent was Previous lease's last rent and date, and that the starting rent respects the limit of article 34 of that law.

      Keep only if the 2% cap applies to this home. The cap is the last rent plus 2%. Check with a lawyer.

  6. 6.Rent update

    1. 6.1

      The rent is updated each year by the update coefficient published under article 24 of the NRAU. The first update may be claimed one year after the lease starts, and each later one a year after the previous update, by written notice from the landlord at least 30 days in advance, stating the coefficient and the new rent.

      The coefficient is 1.0224 for 2026 and 1.0256 for 2027. An update not made can be applied later only within 3 years.

  7. 7.Charges and expenses

    1. 7.1

      The tenant pays the running costs of goods and services supplied to the property, in particular Charges paid by the tenant, and will take out those supply contracts in the tenant's own name.

    2. 7.2

      Condominium charges: Who pays the condominium charges.

      Without agreement, the landlord pays for the administration, upkeep and use of the common parts. A fixed monthly sum from the tenant is settled every 6 months.

  8. 8.Deposit and advance rent

    1. 8.1

      As security for the performance of the tenant's obligations, the tenant pays the landlord Deposit euros on signature as a deposit, which may not exceed two months' rent.

      No more than 2 months' rent.

    2. 8.2

      The deposit is returned to the tenant after the property is handed back, less sums owed and the cost of repairing proven damage beyond the wear from careful use.

      The law sets no deadline for returning the deposit. Agree one here if you want one, for example 30 days.

    3. 8.3

      Optional

      The tenant also pays Rent paid in advance of rent in advance.

      No more than 2 months, and only by written agreement.

  9. 9.Guarantee

    1. 9.1

      Optional

      Guarantor's name, ID, NIF and address, hereinafter "the guarantor", stands as guarantor and principal payer of all the tenant's obligations under this lease and its renewals, and waives the right to require the landlord to pursue the tenant first.

      If the tenant does not end a delay in payment within 8 days, the landlord must notify the guarantor within the next 90 days before claiming from the guarantor.

  10. 10.Works and upkeep

    1. 10.1

      The landlord carries out the ordinary and extraordinary maintenance works required by law or by the purpose of the lease.

    2. 10.2

      The tenant may carry out works in the property only with the landlord's written authorisation, except urgent repairs allowed by law. Small alterations needed for the tenant's comfort are repaired by the tenant before the property is handed back.

    3. 10.3

      The tenant must inform the landlord at once of any defect in the property and allow the landlord to inspect it, at a date and time agreed in advance.

  11. 11.Subletting and assignment

    1. 11.1

      The tenant may not sublet, assign or lend all or part of the property, or assign the tenant's contractual position, without the landlord's written authorisation.

      An unauthorised sublet is a ground for the landlord to end the lease.

    2. 11.2

      Optional

      The tenant undertakes to comply with the condominium rules, a copy of which is given to the tenant and attached to this lease.

      Keep it for a flat in a building with condominium rules.

  12. 12.Late payment and termination for breach

    1. 12.1

      If the rent is paid late, the landlord may claim, in addition to the arrears, compensation of 20% of the sum due, unless the tenant ends the delay within eight days of its start.

    2. 12.2

      Either party may end the lease for breach by the other under articles 1083 and 1084 of the Civil Code, in particular the landlord where rent is three months or more in arrears, or more than eight days late more than four times in twelve months.

      The one-month cure right (art. 1084(3)) covers only the three-month arrears ground, once per lease.

  13. 13.Termination by the tenant

    1. 13.1

      The tenant may oppose renewal of the lease by notice to the landlord at least 120 days, 90 days or 60 days before the end of the term, according to whether the term is six years or more, one to six years, or six months to one year.

    2. 13.2

      Once one third of the initial term or of the renewal has passed, the tenant may end the lease at any time by notice to the landlord at least 120 days before the intended end date, or 60 days if the term is under one year. The notice takes effect at the end of a calendar month.

      If the tenant gives short notice, the tenant owes rent for the missing period, except for involuntary unemployment, permanent incapacity for work or death.

  14. 14.Return of the property

    1. 14.1

      When the lease ends, the tenant returns the property in the condition in which the tenant received it, as shown in the attached condition report, except for the wear from careful use, and hands back all keys.

    2. 14.2

      During the three months before moving out, the tenant must show the property to prospective tenants, at times agreed with the landlord.

      Without agreement, the law sets weekdays from 17:30 to 19:30 and weekends from 15:00 to 19:00.

  15. 15.Notices

    1. 15.1

      Notices about ending the lease, updating the rent and works are made by a written document signed by the sender, sent by registered letter with acknowledgement of receipt or delivered by hand against a signed copy with a note of receipt.

    2. 15.2

      For the purpose of notices, the parties agree on Landlord's address for notices as the landlord's address and Tenant's agreed address for notices as the tenant's address.

      Usually the leased home. An agreed address lets the landlord send a termination for arrears by registered letter. Notify any change of address in writing.

  16. 16.Report to the tax authority

    1. 16.1

      The landlord reports this lease to the Tax and Customs Authority by the end of the month after it starts and pays the stamp duty due, and gives the tenant a copy of the proof.

      The landlord must also report any change and the end of the lease. If the landlord fails to report, the tenant may do it.

  17. 17.Annexes and signatures

    1. 17.1

      The following documents, signed by the parties, form part of this lease: the condition and handover report, describing the state of the property; the furniture inventory, if any; the condominium rules, if any; and the energy certificate.

    2. 17.2

      Made at Place of signature, on Date of signature, in as many originals as there are parties, all of equal value. Signature of the landlord. Signature of the tenant. Signature of the guarantor, if any.

Formalities

  1. Make the lease in writing, with one original for each party. All parties sign every page.
  2. State the parties' names, civil and tax numbers, the landlord's address, the property, its use, its licence of use, the rent and the date.
  3. Attach a signed description of the condition of the home (the inventory report). Without it, the law presumes the tenant received the home in good condition.
  4. Landlord's spouse must consent unless separation of property (art. 1682-A). Family home: both spouses must agree to end the lease (art. 1682-B).
  5. The landlord reports the lease to the tax authority (AT) on the Portal das Finanças by the end of the month after it starts. Otherwise the tenant may.
  6. No notary is needed. An unregistered lease cannot bind third parties for more than 6 years (CRP art. 5(5)).
  7. Portugal has no general official lease model. IHRU, the public housing institute, published models for its affordable rent programme (PAA).
  8. Decreto-Lei n.º 97/2026 replaced the PAA with the RSAA from 1 September 2026.

Common mistakes

  • Asking for a deposit above 2 months' rent, or more than 2 months' rent in advance. The current law caps both.
  • Letting a home without the licence of use where one is required. Courts differ on whether the lease is then void (DL 160/2006, art. 5).
  • Writing a term under 1 year for a permanent home. The law extends it to 1 year.
  • Opposing the first renewal before 3 years from signature. The notice has no effect until then, unless the landlord or a child needs the home.
  • Skipping the condition report. Without it, the tenant is presumed to have received the home in good condition, and the landlord cannot prove damage.
  • Not reporting the lease to AT by the end of the month after it starts. The landlord breaks a tax duty, and the tenant may then report the lease alone.
  • Setting a new rent more than 2% above the last rent on the home, where the Mais Habitação cap applies (Lei n.º 56/2023).
  • Sending termination or rent update notices only by email or text message. The NRAU requires a signed letter by registered post or by hand.

Legal basis

Sources

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