Eviction Actions in Portugal: When and How Landlords Can Act
Eviction in Portugal: What Happens When a Tenant Breaches the Contract?
Managing rental properties inevitably involves navigating difficult scenarios – and one of the most challenging is when a tenant fails to comply with their legal and contractual obligations. In Portugal, eviction (ação de despejo) is a legal process regulated by the Portuguese Civil Code and the Novo Regime do Arrendamento Urbano (NRAU), and landlords must follow strict legal procedures to reclaim possession of their property.
This article explains the most common types of contract breaches, the formal legal remedies available to landlords, and the appropriate course of action depending on the situation.
What Constitutes a Breach of Contract?
Several behaviours may constitute a breach (incumprimento) of a rental contract, including:
- Non-payment of rent for two or more months
- Repeated late payments (more than four times in a 12-month period)
- Violations of key clauses in the rental agreement
- Refusal to allow urgent maintenance or structural works
In such cases, the landlord has the right to request the tenant’s removal from the property, but this must be done through the appropriate legal channels.
Legal Options for Landlords
There are two primary legal avenues a landlord may pursue:
- Ação de Despejo – A judicial eviction process that can be used in all types of contractual breaches. It is more comprehensive but generally takes longer.
- Procedimento Especial de Despejo (PED) – A streamlined and faster procedure available exclusively for urban lease contracts. It is commonly used in cases of unpaid rent or other clear breaches of contract.
While both routes aim to achieve the same result – the repossession of the property – they differ in their speed, complexity, and scope of application.
What Is the Procedimento Especial de Despejo (PED)?
The PED is a special eviction process regulated by Article 14.º of the NRAU. It is managed by the Balcão do Arrendatário e do Senhorio (BAS) and is conducted primarily online. The goal is to enable a quicker resolution in situations where tenants fail to comply with the agreed terms of the lease.
Conditions to Initiate PED:
- The rental agreement must be in writing
- Stamp duty must be paid
- Rental income must be declared to the tax authority (AT)
Initial Requirement – Notification to the Tenant: Before initiating the PED, the landlord must notify the tenant in writing about the breach (e.g., unpaid rent). If the notice is not collected or acknowledged, the landlord must issue a judicial notice (notificação avulsa) through a legal representative or court official. Only after this step can the PED formally begin.
Main Steps of the PED Process:
- Submit the request via the BAS (online or on paper)
- Confirm that tax and contract formalities are met
- Tenant is notified by registered mail with acknowledgment
- The tenant has 15 days to respond: pay, vacate, or oppose
- If no opposition is filed: the BAS issues a title of eviction
- If the tenant refuses to leave: a certified enforcement agent and police officers may carry out the eviction – costs are borne by the landlord
- If opposition is filed: the case is forwarded to court and proceeds under a fast-track judicial process
What Landlords Must Avoid
Despite the stress that may arise from a tenant’s non-compliance, landlords are legally forbidden from taking matters into their own hands. They must avoid:
- Forcibly removing tenants or their belongings
- Locking tenants out or changing the locks
- Cutting off water, electricity, or gas
- Arbitrarily increasing rent
- Retaliating against tenants for asserting their rights
Such actions are not only illegal but may expose the landlord to criminal or civil penalties.
Ação de Despejo (Judicial Eviction)
If the PED is not applicable – for example, in non-urban leases or more complex contractual breaches – the landlord can initiate a full judicial eviction action in court. This process begins with a declarative action for the recognition of the contract breach, followed (if necessary) by an enforcement action to physically recover the property.
Although this route is more time-consuming, it provides a broader legal framework and access to judicial remedies that the PED may not cover.
Additional Protections for Tenants
Portuguese law also provides special protections for certain vulnerable tenants:
- Tenants aged 65 or older
- Tenants with disabilities ≥60%
These tenants may remain in the property indefinitely unless specific exceptions apply, such as:
- Deep structural renovations
- Use of the property for the landlord or close family
In such cases, the landlord must give at least six months’ notice and provide either compensation (minimum of 2 years’ rent) or a comparable housing alternative for 3 years.
Final Note
Navigating eviction procedures requires a sound understanding of legal obligations and rights under Portuguese law. Acting outside the legal framework not only jeopardizes the landlord’s case but can also result in significant liabilities.
At Step Inside Legal, we have extensive experience assisting landlords through both judicial and extrajudicial eviction processes. For personalized legal guidance, book a consultation with our team or email us at info@stepinsidelegal.com.
Whether you’re facing rent defaults, property misuse, or contractual violations, we’re here to help you navigate your next legal step — safely and effectively.
