What are my rights as a tenant in Portugal — and how do I get my deposit (caução) back?
Renting in Portugal is governed by the NRAU (Novo Regime do Arrendamento Urbano — Law 6/2006, strengthened by Laws 12/2019 and 13/2019). It gives tenants real, enforceable rights, including getting your caução (security deposit) back. Here is what actually applies in 2026.
Getting it back: once the landlord has verified there is no damage, no unpaid rent and no unpaid utilities. A 30-day return window is standard practice and treated by courts as "reasonable" — but it is a contract convention, not a fixed statutory deadline, so put it in writing.
2026 rent cap: existing rents can rise by at most 2.24% a year (INE coefficient).
Getting your caução back
At the end of the contract the landlord may only deduct documented, justified amounts from your deposit:
- Unpaid rent or contractual fees.
- Unpaid utilities you were responsible for (water, electricity, gas).
- Damage beyond normal wear and tear — and only with a move-out inspection report, dated photos and real repair invoices.
Normal wear (faded paint, minor marks, worn fittings) is not deductible. Protect yourself: take dated photos at move-in and move-out, keep any inventory, and make sure the deposit-return terms are in the written contract.
What your landlord cannot do
These are illegal under the NRAU, whatever the contract says:
- Change the locks, cut off water or electricity, or remove your belongings. Eviction can only happen through a court or the special National Lease Office (BNA) procedure.
- Raise the rent above the annual legal coefficient (2.24% for 2026) on an existing contract.
- Keep your deposit without documented, justified deductions.
- Refuse to sign your atestado / declaração de morada when you genuinely live there — a common problem that blocks NIF, residency and school steps. If they refuse, a junta de freguesia can often certify your address with two witnesses instead.
If there is a dispute
If the landlord keeps your caução unfairly, or the deductions look invented:
- Send a written demand by registered letter (carta registada) citing the contract and the return terms.
- For deposit and money claims up to €15,000, the Julgados de Paz (Peace Courts) are cheap, fast and do not require a lawyer; above that, the ordinary Judicial Courts.
- DECO (the consumer association) and local immigrant-support offices can help you draft the claim.
What changed in September 2026
- Expired leases in Finanças records. The tax authority has asked 33,381 landlords whose non-renewable leases ended before 1 April 2026, but still show as active, to report the change or termination in the Portal das Finanças by 30 September. If you rent, make sure your own contract appears correctly there — the rent support below depends on it.
- Rent support (apoio extraordinário à renda). Paid automatically by Segurança Social, without an application, to tax residents with a lease registered with Finanças and signed by 15 March 2023, whose rent takes at least 35% of household income and whose annual income is no more than €38,632. It covers the part of the rent above that 35% line, up to €200 a month.
- If the landlord sells. A tenant whose contract has run for more than two years has a right of first refusal: after the owner's notice, you have 30 days to decide whether to buy on the same terms agreed with the other buyer.
Sources
NRAU — Novo Regime do Arrendamento Urbano (Lei 6/2006, Leis 12/2019 e 13/2019) Julgados de Paz — resolução de conflitos até €15.000 INE — coeficiente de atualização de rendas 2026 (2,24%) BNA — Balcão Nacional do Arrendamento Notícias ao Minuto — Fisco notifica senhorios para cessarem contratos terminados (08.09.2026) Notícias ao Minuto — Segurança Social paga apoio à renda (07.09.2026)Keep reading
Your deposit has a legal ceiling — two months, not four Renting in Portugal now: costs and what the reform changes My landlord won't sign my proof of address (declaração / atestado de morada) — how do I prove where I live?Guidance, not legal or tax advice — verify your case with official sources.