When to use an addendum to change the tenant name
Several situations require replacing an existing tenant with a new one. Instead of terminating the lease and starting over, you can handle everything much more directly.
Changing the tenant name usually happens in these situations:
Divorce or separation of the couple living in the property
Death of the original contract holder
One flatmate leaving a shared rental agreement
A new tenant coming in to replace the outgoing person
Transferring the contract over to a corporate entity.
Is it possible to update the tenant without writing a new contract?
Yes, it is entirely possible. Portuguese law allows you to amend existing contracts by adding an attachment known as an addendum (adenda).
Using an addendum avoids having to cancel the original tenancy contract. This means the lease duration, renewal dates, and monthly rent amount stay exactly as originally agreed. It also saves you the extra cost and hassle of registering a brand new agreement on the tax authority (Finanças) portal.
Step by step to update the tenant details on the lease
To ensure the transfer of the lease runs smoothly, follow these straightforward steps:
Get explicit written agreement from the landlord, outgoing tenant, and incoming tenant
Collect the ID details and NIF (Número de Identificação Fiscal, Tax Identification Number) of the new tenant
Fill out the addendum document with all updated party details
Clarify how the initial security deposit will be transferred or settled
Sign three original copies of the addendum document
Update the contract details on the tax authority portal.
Download here a contract addendum template
FAQ
Do I have to report the tenant change to the tax authority?
Yes, any changes to the terms or parties of a tenancy agreement must be updated on the Portuguese tax portal to keep rent receipts and registration records accurate.
Who needs to keep a copy of the signed addendum
Each party involved must keep one signed original copy of the addendum: the landlord, the outgoing tenant, and the new incoming tenant.