Guarantor (Fiador) Requirements in Portugal: Legal Rules and Best Practices

A fiador (guarantor) is a third party who agrees to be personally liable for the tenant's obligations under the lease — primarily the payment of rent. In Portugal, requiring a guarantor is a common practice, especially for tenants who are students, expats, or have limited credit history.

The guarantor's obligation is defined under Art. 638º of the Civil Code (Código Civil), which establishes the legal framework for personal guarantees (fiança) in Portuguese law. While not mandatory, a guarantor clause is one of the most effective protections landlords can include in a lease.

By default under Art. 638º, a guarantor has the right of excussion (benefício de excussão). This means the guarantor can legally refuse to pay the landlord until the landlord has first exhausted all legal remedies against the tenant — seizing the tenant's assets, garnishing wages, etc.

In practical terms, this makes the default guarantee relatively weak for landlords, because they must first pursue the tenant through the courts before turning to the guarantor. This process can take months or even years in the Portuguese judicial system.

This is why most professional lease contracts waive the excussion benefit, as explained below.

Art. 638º allows the guarantor to contractually waive the excussion benefit. When this happens, the guarantor becomes a "principal payer" (pagador principal e devedor solidário) — meaning the landlord can demand payment directly from the guarantor without first pursuing the tenant.

This waiver is standard in professional Portuguese lease contracts and is strongly recommended for landlords. The clause typically reads (in Portuguese):

"O fiador renuncia ao benefício de excussão prévia, constituindo-se como principal pagador e devedor solidário."

(The guarantor waives the right of prior excussion, constituting themselves as principal payer and joint debtor.)

For guarantors, signing such a clause means accepting significant liability — they should understand that the landlord can pursue them for unpaid rent from day one of a default, without first suing the tenant.

CompliantLease includes a comprehensive guarantor clause (Clause 12) that covers all the essential elements:

The system generates the clause in both Portuguese and English, ensuring all parties understand the guarantor's obligations regardless of their primary language.