Renting a home in Portugal: lease, term, deposit, declaration to the Finanças and notice
In Portugal, the residential lease (contrato de arrendamento) must be in writing and, for your permanent residence, it lasts at least 1 year (5 years if the contract says nothing). The landlord (senhorio) can ask you for at most 2 months' rent in advance and a deposit (caução) of 2 months' rent at most, and it is up to them to declare the lease to the Finanças. To leave, you must give notice: 90 days before the end of a lease of 1 to 6 years, or at any time after one third of its term with 120 days' notice.
- Costs
- Rent advance: 2 months at most; deposit: 2 months' rent at most (Código Civil, art. 1076.º, in force in 2026); stamp duty of 10% of one monthly rent, borne by the landlord
- Timeframes
- Lease declared to the AT by the landlord by the end of the month following the start of the letting at the latest; tenant's notice of 60 to 120 days depending on the length of the lease
Steps
- Prepare your file. The landlord will ask you for your NIF (sheet PT-NIF-TOUS-001), an identity document and often proof of income.
- Check the home. A home can only be let if its use is authorised, generally by a licença de utilização (permit to inhabit) when one is required (Código Civil, art. 1070.º).
- Read the term of the lease. A fixed-term lease (prazo certo) lasts from 1 to 30 years; if it is shorter, it is automatically extended to 1 year. Without a written term, it is deemed to have been concluded for 5 years. It renews itself at expiry, for the same term or for 3 years if it was shorter, unless there is a clause to the contrary.
- Check the rent increase clause. If the lease says nothing, the rent can be increased once a year according to the official coefficient published each year, with a letter from the landlord at least 30 days before (art. 1077.º).
- Pay the entry costs within the legal limits. Rent advance: 2 months at most, with a written agreement. Deposit: 2 months' rent at most, whatever its form (art. 1076.º).
- Ask for proof that the lease is declared. The landlord declares the lease to the AT (Autoridade Tributária, the tax authority) by the end of the month following the start of the letting at the latest, and pays the stamp duty. They must also declare any change and the end of the lease within the same deadline.
- Declare your new address to the Finanças and, if you are European, to the town hall for your residence certificate (sheets PT-SEJOUR-TOUS-001 and PT-ADMINISTRATIONS-TOUS-001).
- To leave, send your notice in writing, observing the deadlines below.
Documents
- Identity document (identity card or passport) and NIF.
- Proof of income or resources (depending on the landlord).
- The written lease, signed by both parties, with the term, the rent and the update clause.
- Rent receipts (recibos de renda) or invoices: they are used for your tax deduction.
Costs and timelines
- Advance and deposit (rule in force in 2026): 2 months' advance at most, and a deposit of 2 months' rent at most.
- Stamp duty: 10% of one monthly rent (10% of the increase in the case of an amendment), paid by the landlord when declaring the lease.
- Tax deduction for you (IRS): 15% of the rent for your permanent residence, up to €900 for 2026 and €1,000 from 2027 (Decreto-Lei n.º 97/2026). Low incomes have a higher ceiling (art. 78.º-E, n.º 4): Lei n.º 36/2024 raises it from €900 to €1,100 for taxable income in the 1st bracket (€8,342 or less in 2026), in stages (50% of the increase in 2025, 75% in 2026, 100% in 2027), i.e. €1,050 in 2026 according to this calculation; between the 1st bracket and €30,000, the ceiling decreases progressively according to a formula, without going below €900. The Portal das Finanças does the calculation in the simulation of your return. Only rents declared to the AT by the landlord count (electronic invoices or receipts).
- Notice if you do not renew (art. 1098.º): 120 days before expiry for a lease of 6 years or more; 90 days for a lease of 1 to 6 years; 60 days for a lease of 6 months to 1 year.
- Early departure: after one third of the initial term (or of the renewed period), you can leave at any time with 120 days' notice (lease of one year or more) or 60 days (lease of less than one year). Termination takes effect at the end of a calendar month.
- Landlord's notice not to renew (art. 1097.º): 240 days (lease of 6 years or more), 120 days (1 to 6 years), 60 days (6 months to 1 year). Their refusal of the first renewal only takes effect after 3 years of lease, unless they take the home back to live in it or to house their children. If they refuse renewal, you can leave earlier with 30 days' notice.
- Indefinite-term lease: the landlord can only end it to live in the home, for major works, or with 5 years' notice (art. 1101.º); in the first two cases, notice of at least 6 months.
- Rent of a new lease (Lei n.º 56/2023, art. 34.º): if the home was let within the five years preceding 7 October 2023 and the rent exceeds the ceilings of Portaria n.º 176/2019, the new rent cannot exceed the old one multiplied by 1.02 (plus annual updates not applied). Duration: the law itself provides that article 34.º only takes effect until 31 December 2029 (art. 54.º, n.º 2). No more recent consolidated version could be re-read in the Diário da República (JavaScript page), and an announced reform could remove the rule earlier (see Pitfalls): check before signing.
- Porta 65 Jovem rent aid: for 18-35-year-olds, a share of the rent is paid each month; since Decreto-Lei n.º 42/2024, you can apply before having signed a lease. Amounts and calendar on the Portal da Habitação.
Common pitfalls
- Paying more than the law allows. More than 2 months' advance or a deposit above 2 months' rent is contrary to art. 1076.º of the Código Civil. The law covers the deposit "in all the forms provided for by law": if you are also asked for a guarantor (fiador), have the legality of the request checked (reading of the text, to be validated by a lawyer).
- Lease not in writing or not declared. You lose your tax deduction and proof is harder. If the lack of a written lease is not your fault, you can prove the lease by showing that you occupy the home without objection from the landlord and that you have paid the rent for 6 months (art. 1069.º).
- Signing a "temporary" lease for your main residence. Leases for non-permanent habitation or for a transitory reason (work, study, tourism) have no minimum term and do not renew automatically. They do not protect you like a permanent residential lease.
- Leaving without observing the notice. You then owe the rent for the missing period, except in the case of involuntary unemployment, permanent incapacity for work or the death of the tenant or of a close relative who has lived with them for more than a year.
- A reform under discussion. Rule in force on 23/10/2026: 2 months' advance and a deposit of 2 months' rent at most (Código Civil, art. 1076.º, unchanged in the consolidated version up to date with Lei n.º 29/2026 of 23/06/2026). Announced bill: the press reported in July 2026 a government text (no official source read confirms it) that would raise the advance to 3 months' rent, remove the ceiling on the deposit and the 1.02 limit on new leases; it will only apply if it is adopted and published. Check just before signing.
- Azores and Madeira. The lease rules (Código Civil) are the same. Housing aid in those regions comes under their regional governments and is not covered here: ask your region's housing service what exists.
What changes by country of origin
- All countries: the lease rules are the same for everyone. You need a Portuguese NIF to sign and for the lease to be declared.
- EU, EEA and Swiss citizens: once settled, have your residence registered at the town hall (sheet PT-SEJOUR-TOUS-001); the lease often serves as proof of address.
- British citizens (Scots included): same lease, but your residence comes under AIMA, the migration agency (sheet PT-SEJOUR-TOUS-001); a lease is often requested in that file.
Official sources (8) ›
- Código Civil, artigos 1069.º to 1077.º (written form, rent advance and deposit limited to two months, rent updates), consolidated version published by the Procuradoria-Geral Regional de Lisboa (art. 1076.º as worded in Lei n.º 24-D/2022)
- Código Civil, artigos 1094.º to 1096.º (types of lease, term of 1 to 30 years, 5 years in the absence of a clause, automatic renewal), consolidated version PGDL
- Código Civil, artigos 1097.º, 1098.º, 1101.º and 1103.º (notice by the landlord and the tenant, termination), consolidated version PGDL
- Autoridade Tributária, "Contrato de arrendamento urbano" (reporting of the lease by the landlord, imposto do selo of 10%, item 2 of the TGIS)
- Código do IRS, artigo 78.º-E (15% deduction of rent; ceiling of €900 in 2026 and €1,000 from 2027 under Decreto-Lei n.º 97/2026, art. 15.º)
- Lei n.º 56/2023, de 6 de outubro (Mais Habitação programme), artigo 34.º (rent of new leases on a home already let within the previous five years) and artigo 54.º, n.º 2 (effects of art. 34.º until 31/12/2029)
- Portal da Habitação (IHRU), "Porta 65 Jovem" (rent aid for 18-35-year-olds, Decreto-Lei n.º 42/2024)
- Código do IRS, artigo 78.º-E, wording in force until August 2024 (ceilings of €600 and €900, basis of the progressive increase of Lei n.º 36/2024)