Art. 1038º — Código CivilArt. 1078º — 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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4 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 — Restrictions can depend on the constitutive title, the source and approval of a later rule, its wording, and the facts. Art. 1422º does not create a blanket rule that a condominium can never prohibit pets. Obtain the governing instruments before stating whether a particular restriction is valid.

•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?

Separate the condominium's relationship with the unit owner from the allocation agreed between landlord and tenant. Under Article 1078º of the Civil Code:

•Written terms come first — the parties may set the regime for charges and expenses in writing. The lease should identify the exact charges rather than rely only on labels such as “ordinary” or “extraordinary.”

•Default for current supplies — without a contrary written agreement, current expenses for goods or services supplied to the rented property fall to the tenant.

•Default for common expenses — for an autonomous fraction, expenses for the administration, conservation, and use of common parts, and services of common interest, fall to the landlord unless the written agreement provides otherwise.

•Reimbursement procedure matters — if the tenant is responsible for an expense contracted in the landlord's name, Article 1078º requires supporting payment evidence and sets the timing for reimbursement.

Do not state that every extraordinary assessment or reserve-fund contribution can never be allocated to the tenant. Article 1078º permits a written allocation between the parties. Equally, a vague clause about a monthly condominium fee should not automatically be read as covering every future assessment.

Example: If the lease expressly allocates a defined €80 monthly condominium charge to the tenant, that is the starting point for the parties' internal allocation. If the condominium later approves a €5,000 roof assessment, check the exact written clause and obtain legal advice rather than assuming the monthly clause includes it. The owner's obligations toward the condominium remain distinct from any reimbursement arrangement with the tenant.

4Common Mistakes to Avoid

For landlords:

•Not providing the tenant with a copy of the condominium regulations — the tenant cannot reliably follow rules they have not received.

•Using a vague phrase such as “condominium expenses” without defining the charges, evidence, payment date, and reconciliation process.

•Treating a tenant reimbursement clause as changing the owner's separate relationship with the condominium.

For tenants:

•Ignoring condominium regulations because "I'm just renting" — serious non-compliance may become relevant to the lease.

•Making alterations to the unit without checking both the landlord's permission and the applicable condominium rules.

•Assuming that “extraordinary,” “reserve fund,” or “ordinary” determines the landlord-tenant allocation without reading the written lease and Article 1078º defaults.

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. 1078º — Código Civil

The parties set the regime for charges and expenses in writing. Without a contrary agreement, current supplies fall to the tenant and common-part and common-service expenses for an autonomous fraction fall to the landlord.

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?

The written lease controls the parties' agreed allocation. Without a contrary agreement, Article 1078º places expenses for administration, conservation, and use of common parts and services of common interest on the landlord. Do not assume that labels such as ordinary, extraordinary, or reserve fund override the actual written terms.

Can a condominium ban pets in a Portuguese apartment building?

There is no categorical answer. Art. 1422º can recognize restrictions or prohibitions through qualifying condominium instruments, and validity depends on the source, approval, wording, and facts. Review the constitutive title and applicable resolutions before relying on a pet rule.

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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