Art. 1038º — Código CivilArt. 1422º — Código Civil

Condominium Rules and Tenant Obligations in Portugal: What Renters Must Know

Tenants in Portuguese apartment buildings must follow condominium regulations. Learn about Art. 1038º tenant obligations, the role of condominium rules (regulamento do condomínio), and who pays what.

Legal Guide

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4 min read

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5 sections

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4 FAQs

1What Are Condominium Rules and How Do They Affect Tenants?

In Portugal, apartment buildings under horizontal property (propriedade horizontal) are governed by condominium regulations — a regulamento do condomínio. These are internal rules agreed upon by the building's owners that cover noise, common areas, parking, pets, waste disposal, and more.

Under Art. 1038º of the Civil Code, tenants are legally obligated to use the rented property "prudently" and in accordance with its intended purpose. This includes complying with condominium regulations, even though tenants are not condominium owners and did not vote on the rules.

2Key Condominium Obligations for Tenants

The condominium regulations (regulamento do condomínio) typically address these areas:

•Noise and quiet hours — Most buildings enforce quiet hours (typically 22:00–08:00). Persistent noise violations can lead to complaints to the condominium administrator and, in serious cases, lease termination.

•Common areas — Tenants must respect shared spaces (hallways, stairs, elevator, garden, garage). Leaving personal items in common areas or obstructing access is prohibited under most regulations.

•Waste disposal — Rules about recycling, waste storage, and disposal schedules must be followed.

•Pets — Condominium regulations may restrict pet ownership. Under Art. 1422º nº 2 CC, the regulations cannot outright ban pets, but they can impose reasonable conditions (e.g., pets must be on a leash in common areas).

•Alterations — Tenants cannot make structural changes or modifications that affect the building's exterior or common parts without written consent from the landlord AND the condominium assembly.

•Parking — Assigned parking spaces must be used only for vehicles and cannot be converted to storage without authorization.

3Who Pays Condominium Fees?

This is one of the most common sources of confusion in Portuguese rentals. The rules are:

•Ordinary condominium fees (quotas) — cover routine expenses (cleaning, elevator maintenance, insurance, common area lighting). Responsibility depends on the lease contract. Many leases pass ordinary fees to the tenant as part of the monthly charges, but this must be explicitly stated. If the lease is silent, the landlord bears these costs.

•Extraordinary fees (derramas) — cover major works (roof repair, facade renovation, elevator replacement). These are always the landlord's responsibility as property owner. Tenants are never liable for extraordinary condominium assessments.

•Reserve fund contributions (fundo de reserva) — mandatory contributions to the building's reserve fund are the owner's obligation and cannot be passed to the tenant.

Example: If monthly condominium fees are €80 (ordinary) and the lease specifies the tenant pays these, the tenant owes €80/month in addition to rent. But if the condominium votes a €5,000 special assessment for roof repair, that cost falls entirely on the landlord.

4Common Mistakes to Avoid

For landlords:

•Not providing the tenant with a copy of the condominium regulations — the tenant cannot comply with rules they don't know.

•Passing extraordinary condominium assessments to the tenant — these are always the owner's responsibility.

•Not including a condominium compliance clause in the lease — this makes enforcement more difficult.

For tenants:

•Ignoring condominium regulations because "I'm just renting" — non-compliance can be grounds for lease termination under Art. 1083º CC.

•Making alterations to the unit without checking both the landlord's permission AND the condominium rules — even if the landlord agrees, the condominium may prohibit the change.

•Refusing to pay ordinary condominium fees when the lease clearly assigns them to you — read your contract carefully.

5How CompliantLease Handles Condominium Obligations

CompliantLease includes a living rules clause (Clause 2-A) that addresses condominium-related obligations. The generated contract requires the tenant to comply with applicable condominium regulations, specifies whether ordinary condominium fees are included in the rent or billed separately, and clarifies that extraordinary assessments are the landlord's responsibility. This prevents the most common disputes between landlords, tenants, and condominium administrators.

Legal References

Art. 1038º — Código Civil

Tenant obligations include using the property prudently, not making unauthorized alterations, and complying with building regulations (regulamento do condomínio).

Art. 1422º — Código Civil

Restrictions on the use of individual units and common parts in horizontal property (propriedade horizontal). Owners and tenants must not use their unit for purposes other than those intended or in ways that prejudice the building.

This guide is for informational purposes. For specific legal advice, consult a Portuguese lawyer.

Frequently Asked Questions

Does a tenant have to follow condominium rules in Portugal?

Yes. Under Art. 1038º of the Civil Code, tenants must use the property prudently and comply with building regulations. Non-compliance with condominium rules can be considered a breach of the lease.

Who pays condominium fees in a Portuguese rental?

It depends on the lease. Ordinary condominium fees can be assigned to the tenant if the contract specifies this. Extraordinary fees and reserve fund contributions are always the landlord's responsibility as the property owner.

Can a condominium ban pets in a Portuguese apartment building?

No. Under Art. 1422º nº 2 of the Civil Code, condominium regulations cannot impose an outright ban on pets. They can, however, set reasonable conditions such as requiring pets to be on a leash in common areas.

What happens if a tenant violates condominium rules repeatedly?

Repeated violations can be reported to the condominium administrator, who may issue formal warnings. In serious cases, the landlord could cite Art. 1083º CC to pursue lease termination if the tenant's behavior constitutes a significant breach of their obligations.

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