Legal Updates on Renting

Each item states the provision it relies on and its source. The law changes: check the source date before citing it.

Deposit and advance rent: the limit is now two months' rent for each Código Civil, art. 1076.º 2022-12-30

Law 24-D/2022 amended Article 1076 of the Civil Code: rent may be prepaid up to two months, and the deposit capped at two months' rent. These are two separate caps, not one to split between them.

Eviction for rent arrears: the threshold is three months, not two Lei n.º 13/2019 2019-02-12

Law 13/2019 amended Article 1083 of the Civil Code. Many templates still in circulation say two months — and that clause is invalid.

Four late payments in 12 months also allow termination — but a letter must go out first Código Civil, art. 1083.º n.º 4 e n.º 6 2019-02-12

Article 1083(4) covers repeated lateness. Paragraph 6 requires a registered letter with acknowledgement of receipt — without it, the termination fails.

Contract with automatic renewal: the landlord doesn't get the property back after one year Código Civil, art. 1097.º n.º 3 2012-08-14

Article 1097(3) of the Civil Code prevents opposition to the first renewal from taking effect before three years have passed since the contract began, even with a shorter initial term.

The condition of the property must be described in writing and signed by both parties DL n.º 160/2006, art. 3.º n.º 2 2006-08-08

Without that description, Article 1043(2) of the Civil Code applies: the property is presumed to have been delivered in good condition. The burden of proof then works against the landlord.