Art. 1043º — Código CivilArt. 1038º — Código Civil

Furnished vs Unfurnished Lease in Portugal: Rules and Key Differences

Portuguese rental law treats furnished and unfurnished leases differently in terms of inventory requirements, deposit rules, and maintenance obligations. Learn the legal distinctions, what must be documented, and how to protect your interests.

Legal Guide

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4 min read

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5 sections

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4 FAQs

1What Is the Difference Between Furnished and Unfurnished Leases?

In Portugal, a furnished lease (arrendamento mobilado) means the property is rented with furniture, appliances, and household items included. An unfurnished lease means the tenant receives the property empty — typically with only fixed installations (kitchen cabinets, bathroom fixtures, built-in wardrobes).

Portuguese law does not have a separate legal regime for furnished versus unfurnished leases. Both fall under the same NRAU rules. However, furnished rentals create additional obligations around inventory documentation, maintenance of contents, and condition at return that must be addressed in the contract.

2The Legal Rules for Furnished Rentals

While the NRAU does not create a distinct category for furnished leases, several Civil Code provisions apply differently:

•Inventory obligation: Art. 1043º of the Civil Code establishes that the tenant must return the property as received. For furnished properties, this means a detailed inventory list is essential — without one, disputes over missing or damaged items become very difficult to resolve.

•Maintenance of contents: Under Art. 1038º, the tenant must use the property and its contents with prudence (bom pai de família). This extends to all furniture and appliances included in the lease.

•Normal wear and tear: The tenant is not liable for reasonable depreciation of furnishings through normal use. A 5-year-old sofa showing regular wear cannot be charged to the tenant.

•Deposit considerations: While Art. 1076º deposit caps apply equally, furnished properties often justify higher rent (and therefore a proportionally higher deposit) to account for the value of contents.

•Insurance: Neither party is legally required to insure the contents, but landlords are strongly advised to hold a contents insurance policy.

3Creating an Effective Inventory for Furnished Rentals

A proper inventory (inventário) should be created at the start of the lease and signed by both parties. Best practices include:

•List every item included in the rental: furniture, appliances, kitchenware, linens, electronics

•Note the condition of each item: new, good, fair, or worn

•Take dated photographs of each room and key items

•Record serial numbers for valuable electronics and appliances

•Include the inventory as an annex to the lease contract

•Create a move-in checklist both parties sign on the handover date

For example, a furnished 2-bedroom apartment might list: 1 sofa (good condition), 1 dining table with 4 chairs (good), 1 double bed with mattress (new), 1 single bed with mattress (good), 1 washing machine (Samsung, serial #XXX, good), 1 refrigerator (Bosch, serial #XXX, fair).

Without an inventory, Art. 1043º presumes the property was delivered in good condition — which can disadvantage either party depending on the circumstances.

4Common Mistakes to Avoid

For landlords:

•Not creating a detailed inventory — without documentation, you cannot prove what was in the property or its condition at the start of the lease.

•Charging tenants for normal wear and tear on furniture — depreciation through regular use is not the tenant's responsibility.

•Mixing personal storage items with rental furnishings — be clear about what is included in the rental and what is not.

For tenants:

•Signing a furnished lease without reviewing and signing the inventory — always insist on a detailed list before moving in.

•Disposing of or replacing furniture without landlord permission — even if an item is broken, inform the landlord before removing it.

•Not documenting damage to furnishings during the tenancy — report issues in writing to avoid being charged at move-out.

5How CompliantLease Handles Furnished Rentals

CompliantLease includes a dedicated inventory annex in the generated contract for furnished properties. The annex provides a structured format for listing all items, their condition, and photographic evidence references. The contract's maintenance clause automatically references Art. 1038º and Art. 1043º, ensuring both parties understand their responsibilities regarding the property's contents.

Legal References

Art. 1043º — Código Civil

Tenant must return the property in the condition received, accounting for normal wear and tear. Without a condition report, the property is presumed to have been delivered in good condition.

Art. 1038º — Código Civil

Establishes tenant obligations including using the property prudently and not making unauthorized alterations — applies to both the property and its furnishings.

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

Frequently Asked Questions

Does Portuguese law require an inventory for furnished rentals?

While not explicitly mandatory, an inventory is strongly recommended and practically essential. Under Art. 1043º of the Civil Code, without a documented inventory, the property is presumed to have been delivered in good condition — making it difficult for either party to prove the original state.

Can a landlord charge more deposit for a furnished property?

The Art. 1076º deposit cap (2 months' rent for leases of 2+ years) applies to the total rent amount. Since furnished properties typically command higher rent, the deposit amount is proportionally higher, but it cannot exceed the legal cap based on monthly rent.

What happens if furniture is damaged during the tenancy?

The tenant is responsible for damage beyond normal wear and tear (Art. 1043º CC). If items are damaged through negligence or misuse, the landlord may deduct repair or replacement costs from the security deposit. Normal depreciation from regular use is not chargeable.

Is the landlord responsible for repairing appliances in a furnished rental?

Yes, under Art. 1074º of the Civil Code, the landlord is responsible for repairs to maintain the property in habitable condition. This extends to included appliances and major furnishings, unless the damage was caused by the tenant's negligence.

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