In this post we provide our readers with a bilingual template to adapt for their own use when renting properties in Portugal either as an owner or as a tenant.
DISCLAIMER: we are not a legal service and this document is provided “as is”, free of charge. You are allowed by law to adapt the document for your own use, but only a lawyer is allowed to personalise and adapt the document for third parties. We strongly advise that you have the final document checked by a qualified lawyer, since we take no responsibility whatsoever for any conflicts or problems arising from the use of this contract.
The document can be adapted to create a 1-year, non-renewable, long-term rental contract for residential use. Such contracts are often required by foreign tenants to be able to show permanent residence in Portugal to apply for residence visas such as the so-called D7 visa. The contract can also easily be changed to be renewable, or for non-permanent transitory purposes. It is written in both Portuguese and English, with the English version being for informative purposes only.
The contract does not include clauses relating to every possible rental situation, since it makes clear that any omission is regulated by the Portuguese Civil Code and other applicable laws.
DESCRIPTION OF THE CONTRACT
The first, introductory, section is used to specify the personal details of both the owner and the tenant: full name, address, ID, NIF, etc.
Clause 1: Identifies the property, and specifies the rental dates as well as mentioning the applicable laws.
Clause 2: In this case, the property is rented fully-furnished according to an inventory in the Annex
Clause 3: Specifies the monthly rent, the security deposit, and payment information.
Clause 4: Defines the type of rental – in this case, for permanent residence
Clause 5: Requires the tenant to properly take care of the property and its contents.
Clause 6: Works in the property are not permitted
Clause 7: Allows visits with potential tenants towards the end of the contract, or for potential buyers if the property is being sold.
Clause 8: Allows the owner to inspect the property under certain conditions.
Clause 9: Clarifies who pays the utility bills
Clause 10: Cancellation conditions
Clause 11: Owner pays condominium costs
Clause 12: Conditions under which the property is handed over at the end of the contract
Clause 13: Penalties for not handing over the property on time.
Clause 14: Legal jurisdiction
Annex: Inventory of furniture and equipment
The above contract can be easily adapted for rentals of a duration of less than 1 year, or to be a renewable lease, as follows (we will leave the task of translating to English to the reader, perhaps with the help of Google Translate or similar).
TRANSITORY PURPOSES, LESS THAN 1 YEAR
Title: Change “PARA FIM HABITACIONAL” to “PARA FINS TRANSITÓRIOS“
3rd Paragraph: Change “para fins habitacionais” to “para fins especiais transitórios, designadamente por motivos profissionais, ao abrigo do disposto no n.º3 do artigo 1095.º do Código Civil, na redacção que lhe foi dada pela Lei n.º 13/2019, de 12 de Fevereiro.“
Note: you can also change “motivos profissionais” (e.g. for digital nomads) to “motivos de educação” (students) or “motivos turísticos” (tourists).
Clause 1, Item 1: Change the dates to be less than 1 year
Clause 4, Item 1: Change “habitação permanente” to “habitação não permanente“.
To change this 1 year non-renewable contract to a 1 year renewable contract:
Clause 1, Item 1: Change “1 de janeiro de 2024 e o seu termo em 31 de dezembro de 2024, não renovável,” to “1 de janeiro de 2024 e o seu termo em 31 de dezembro de 2024, renovável por iguais períodos de 12 (doze) meses,“