Tenant not paying rent in Portugal: what to do, step by step

Updated 8 August 2026 · Sources: Portuguese Civil Code (arts. 1041, 1075, 1083 and 1084) and the NRAU

Rent that doesn’t come in is every landlord’s worst scenario, and it is also the moment when mistakes get expensive. This guide explains, step by step, what Portuguese law allows you to do, from the first day of arrears to eviction.

⚡ The essentials in four points (rules in force)

Unless the lease says otherwise, rent falls due on the first business day of the month before the one it covers (art. 1075(2) of the Civil Code);
Once the tenant is in arrears, the landlord may claim the statutory penalty of 20% of the amount due (art. 1041(1)); if the tenant pays within the first 8 days of the delay, the landlord cannot terminate the lease on that ground;
From 3 months of unpaid rent (art. 1083(3)), the landlord may terminate the lease, by written notice to the tenant, and move on to eviction;
Repeated delays also count: payment more than 8 days late, more than 4 times, consecutive or not, within a 12 month period (art. 1083(4)).

Note: this guide is informative and does not replace legal advice. Always check the wording in force in the official gazette before acting, especially in eviction proceedings.

⏳ Tenancy reform: a proposal not yet in force

Current status: a government bill approved by the Council of Ministers on 9 July 2026; it awaits debate and a vote in the Portuguese Parliament (expected from September 2026). It is not in force and may still change;
Termination from 2 months of unpaid rent (instead of the current 3);
Repeated non-payment: 3 delays of more than 8 days within 12 months, or more than 4 within 18 months, would suffice;
Faster proceedings: repossession of the property and recovery of the rent combined in a single case, and eviction judgments enforceable without a separate enforcement action (automatic warrant);
Housing Emergency Fund for vulnerable tenants;
Limitation period for the right to terminate extended from 3 to 6 months.

This guide will be updated when the law is published in the official gazette.

Step 1: the first days, arrears and the penalty

Unless the lease says otherwise, rent falls due on the first business day of the month before the one it covers (art. 1075(2) of the Civil Code). From then on the tenant is in arrears, and the landlord may claim, on top of the rent, a statutory penalty of 20% of the amount due (art. 1041(1)). Note: if the tenant pays within the first 8 days of the delay, the landlord cannot terminate the lease on that ground. In practice the first step is always a written notice, firm and professional, with the amount owed, the IBAN and a short deadline. Many arrears end here, without escalating.

Step 2: Document everything

If the arrears persist, from this point every communication counts as evidence: dated notices, records of partial payments, bank statements. Formal communications should go by registered letter with acknowledgment of receipt to the address of the property (or the address agreed in the lease). Eviction cases are lost over botched notifications. This is not where you cut corners.

Step 3: terminating the lease (from 3 months)

Once arrears reach or exceed three months of rent, the landlord may terminate the lease by notifying the tenant (registered letter with acknowledgment of receipt), citing non-payment (arts. 1083(3) and 1084(2) of the Civil Code). The same applies to repeated late payment: paying more than 8 days late, more than 4 times, consecutive or not, within a 12 month period (art. 1083(4)). The tenant can cure the arrears only once in the whole lease, by paying the debt (unpaid rent plus the 20% penalty) within one month of the termination notice; if they do, the termination is void (art. 1084(3) and (4)).

Step 4: the eviction itself

If the tenant neither pays nor hands back the property, the landlord cannot act alone. The route is the special eviction procedure at the Balcão do Arrendatário e do Senhorio (BAS), the fastest option when the lease meets the requirements (notably having been reported to the tax authority), or a court action. This is where the paperwork gathered in the earlier steps makes the difference.

What never to do

Cutting water, electricity or gas, changing locks, removing belongings or pressuring the tenant outside legal channels: so-called self-help eviction is illegal, may be a criminal offence, and turns the case against the landlord. However frustrating the arrears, the legal route is the only one that protects you.

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The best strategy still comes before the lease

Rigorous screening: proof of income (a sensible rent-to-income ratio), references, job stability;
Guarantor or guarantees where the profile warrants it; a properly documented deposit;
Move-in inspection with photos and a lease reported to the tax authority (a condition for fast eviction via the BAS);
Immediate reaction to the first late payment: automatic notices the day after the due date change behaviour before the debt grows.

Frequently asked questions

After how long can I terminate the lease for non-payment?

Once arrears reach or exceed three months of rent, the landlord may terminate the lease and start eviction. Before that, you can always claim the unpaid rent plus the statutory 20% penalty. A government bill approved by the Council of Ministers on 9 July 2026 would lower this threshold to 2 months, but it has not yet been voted by Parliament and is not in force.

The tenant paid everything after I terminated. What now?

Current law lets the tenant cure the arrears once during the whole lease, by paying the debt plus the statutory penalty within one month of the notice. If they do, the termination is void; the second time, they no longer have that right.

Can I cut the water or electricity, or change the locks?

Never. Self-help eviction is illegal and may be a criminal offence, besides exposing the landlord to damages. The route is always termination of the lease and, if the tenant does not leave, the eviction procedure (BAS) or a court action.

Do small but constant delays also count?

Yes. Paying rent more than 8 days late, more than 4 times, consecutive or not, within a 12 month period, is also grounds for terminating the lease, even if the debt is eventually paid.

Is rent insurance worth it?

For many landlords, yes: it covers unpaid rent (usually with an excess and limits) and, in some products, the legal costs of eviction. The alternative, or complement, is rigorous tenant screening at the start, which remains the best protection.

React on the first day of arrears, not in the third month

In Tagus Rentals, every overdue rent triggers an automatic, professional notice to the tenant, and the full history is documented, ready to use if you need to escalate.

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Rather never deal with this at all?

Tagus Property screens tenants, collects rents and handles non-payment, in Lisbon, Oeiras and Cascais.

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This guide is for information only and does not replace legal advice. In case of non-payment, consult a lawyer. Sources: Portuguese Civil Code (arts. 1041, 1075, 1083 and 1084) and the NRAU, as currently in force.