Are you about to rent a property or put your house on the rental market in Portugal? Whether you are a landlord or a tenant, the contract is the foundation of the entire legal relationship. Ensuring this document is complete, up-to-date, and compliant with the New Urban Lease Regime (NRAU) is fundamental to preventing future headaches.
Don't waste time looking for the right information: download our complete template now!
Tenancy agreement (PT | Docx). Tenancy agreement (PT | Pdf)
What Must Be Included in Your Tenancy Agreement Template?
An effective tenancy agreement template goes far beyond identifying the parties and stating the rent value. A secure contract must anticipate complex scenarios, from property damage to the intervention of a guarantor.
Here are the 5 pillars of any tenancy agreement in Portugal.
1. Complete Identification and Object
The contract must be absolutely clear about who the parties are and what is being rented.
- Parties: Name, NIF (Tax ID), Civil Identification Number, and Marital Status of all Signatories (Landlord and Tenant).
- Guarantor: If there is a Third Signatory (Guarantor), their identification must be as strict as the tenant's.
- Property: Full address, Tax Registry Number (Artigo Matricial), and, crucially, the Housing Permit Number (N.º da Licença de Utilização). Without this number, the contract may be invalid.
2. Duration, Rent, and Security Deposit
Financial and temporal transparency is non-negotiable:
- Fixed Term: The initial duration (typically 1 year or 5 years) and for how long the contract will be automatically renewed.
- Rent: Value and payment method (NIB/IBAN).
- Security Deposit (Caução): The deposit amount (usually 1 to 3 months' rent), which serves to cover eventual damages or non-compliance at the end of the contract.
3. Maintenance Responsibilities and Charges
This is where most conflicts arise. The contract must clearly detail:
- Fixed Charges: Who pays the condominium fee.
- Utilities: The tenant is always responsible for changing ownership and paying for water, electricity, and gas.
- Maintenance: The tenant has the responsibility to maintain the property and ventilate it to prevent humidity and mold. The landlord is responsible for structural works.
- Inspection Annex: A detailed inventory with the initial state (and photos!) is your legal proof in case of damages. Do not dispense with this section.
4. Termination and Rescission Clauses
A long-term contract (fixed term) has strict rules for its termination that protect both parties:
- Tenant: May only terminate after 6 months of the contract duration and must comply with the notice periods (generally 90 to 120 days, depending on the contract length).
- Landlord: Termination is much more restricted and is only allowed in exceptional cases (such as needing the property for own housing or for deep renovation works).
- Revocation (Mutual Agreement): The contract must stipulate that cessation by mutual agreement is only valid in writing.
5. The Guarantee and Legal Jurisdiction
If you have a guarantor, this is the most important clause:
- Joint and Several Guarantee (Fiança Solidária): The guarantor must expressly renounce the benefit of prior excussion. This allows the landlord to proceed directly against the guarantor as soon as the tenant fails to make a payment, without having to first exhaust all avenues against the tenant's assets.
- Legal Forum (Foro da Comarca): The contract must elect the competent court (usually the District Court where the property is located, such as the Comarca de Lisboa) to resolve any disputes, providing legal certainty.
The Importance of Registration with Finanças
Remember that the legality of your contract does not end with the signature. The landlord is obliged to register the contract with Finanças (Tax Authority) and settle the Stamp Duty. Only then does the contract produce all its legal effects, and the landlord can begin issuing electronic rent receipts.