Lei 93/2017Lei 93/2017Art. 1041º CCCódigo CivilNRAU Art. 24ºNRAU (Lei 6/2006)

How to Choose a Tenant in Portugal: A Step-by-Step Guide (2026)

How to choose a tenant in Portugal with a five-step process: advert, written criteria, document check, references and decision. Includes lawful criteria vs unlawful discrimination under Lei 93/2017, a practical scoring approach, and what contract duration actually does to the landlord's IRS.

Legal Guide
6 min read
5 sections
4 FAQs

1What a Good Tenant-Selection Process Looks Like

Choosing a tenant is the highest-leverage decision a Portuguese landlord makes. Every later protection — the deposit, the fiador (guarantor), the 20% late-payment indemnity of Art. 1041º CC — only softens the cost of choosing badly. A good selection process is short, written, and applied identically to every applicant: advert → criteria → document check → references → decision.

This guide walks through those five steps, the criteria you may lawfully use, a simple scoring approach, and a tax angle that now rewards finding a tenant you can keep for years.

2The Legal Rules: Lawful Criteria vs Unlawful Discrimination

You are free to choose your tenant — Portuguese law does not rank applicants for you — but the choice has boundaries.

Lawful, objective criteria include:

Sufficient and stable income (commonly the 3x rule — market practice, not law).
Verifiable employment or self-employment.
A positive reference from a previous landlord.
Willingness to provide a guarantor where income is borderline.
Fit with the house rules the lease will contain, such as smoking or pet policies.

Unlawful criteria: Lei 93/2017 prohibits discrimination in access to housing, including on grounds of nationality or ethnic origin. Religion, beliefs and sexual orientation are special-category personal data under the RGPD (GDPR) and equally indefensible as selection filters. Rejecting an applicant for failing objective criteria is lawful; rejecting them for who they are is not.

Write your criteria down before you advertise. It speeds up screening, and it is your best evidence that a rejection was based on solvency rather than on a protected characteristic.

3The Five-Step Selection Process

Step 1 — The advert. State the objective requirements upfront: rent, deposit, whether a guarantor is expected, house rules, and the documents you will ask for. A precise advert filters out half the unsuitable applications before they arrive.

Step 2 — Written criteria. Set your thresholds before the first viewing. For example: net household income of at least 3x the rent (for a €900 rent, about €2,700 per month — a market rule of thumb, not a legal requirement), stable employment, and one previous-landlord reference.

Step 3 — Document check. Ask shortlisted candidates for recibos de vencimento (payslips), the declaração de IRS (annual income-tax return) or a contrato de trabalho (employment contract). Collect only what the decision needs, and delete unsuccessful applicants' documents once you decide — data-protection law requires it (see our tenant-screening guide for the full RGPD picture).

Step 4 — References. Call the previous landlord. Two questions do most of the work: did the rent arrive on time, and would you rent to them again?

Step 5 — The decision. Score each candidate against your written criteria — a 1-to-5 mark on income, stability and references is enough — and pick the highest score, not the friendliest viewing.

The duration angle. A tenant who scores well on stability is worth keeping, and duration does carry a tax dimension — though not the one most landlords expect. Two separate regimes are in play:

Contract duration (Art. 72º CIRS, Lei 56/2023). Residential rental income is taxed autonomously at 25%. Where the property is the tenant's permanent home and the contract was celebrated — or last renewed — on or after 7 October 2023, that rate drops by 10 percentage points from 5 years (15%), by 15 points from 10 years (10%), and by 20 points from 20 years or for contracts of *duração habitacional definitiva* (5%). There is no band below 5 years: a 3-year contract stays on the 25% base.
Rent level (EBF Art. 45º-C, added by Decreto-Lei n.º 97/2026). A separate 10% rate applies to income received up to 31 December 2029 where the property is let exclusively for residential purposes and the monthly rent does not exceed €2,300 (2026). It carries no minimum term at all, and covers new and in-progress contracts alike. It is a ceiling that yields to a better rate — a landlord already at 10% or 5% under Art. 72º keeps the lower one.

And a long contract does not freeze your rent — NRAU Art. 24º allows annual updates based on the INE inflation coefficient.

4Common Mistakes to Avoid

For landlords:

Rushing — handing the keys to the first applicant who offers cash upfront forfeits every check above.
Trusting gut feel over documents — a pleasant viewing is not a payment history.
Discriminatory shortcuts — filtering by nationality, ethnicity, religion or orientation is illegal (Lei 93/2017) and indefensible.
Keeping no written criteria — without them, decisions drift and rejections become hard to justify.

For tenants:

Arriving without a document pack — candidates with payslips, IRS return and references ready usually win the flat.
Paying any "reservation fee" before a contract exists — pay only against a signed lease and a receipt.

5How CompliantLease Handles Tenant Selection

Once you have chosen, CompliantLease turns the decision into a compliant contract: the lease wizard generates NRAU-compliant Portuguese leases today, with guarantor terms, deposit limits and late-payment clauses that cite the exact articles they rely on. Tenant-screening reports — income verification plus a creditworthiness check via a self-uploaded Banco de Portugal credit report — arrive at launch, and the waitlist is open.

Legal References

Lei 93/2017Lei 93/2017

Anti-discrimination framework; prohibits discrimination in housing based on nationality or ethnicity. Tenant-selection criteria must stay within it.

Art. 1041º CCCódigo Civil

If rent is late, the landlord may demand 20% of the overdue amount as indemnity after an 8-day grace period (amended by Lei 13/2019). Compensation after the fact — choosing the right tenant is what prevents the arrears.

NRAU Art. 24ºNRAU (Lei 6/2006)

Residential rents may be updated annually based on the INE coefficient reflecting inflation — so a long tenancy with a stable tenant does not mean a frozen rent.

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

Frequently Asked Questions

What criteria can a landlord legally use to choose a tenant in Portugal?

Objective solvency criteria: income and its stability, verifiable employment, previous-landlord references, and willingness to provide a guarantor. Lei 93/2017 prohibits discrimination in access to housing — nationality, ethnicity, religion or sexual orientation can never be selection filters.

How much income should a tenant show for a rental in Portugal?

Market practice is net household income of about three times the rent — roughly €2,700 per month for a €900 rent. It is a rule of thumb, not a legal requirement: stable employment or a strong guarantor can reasonably offset a lower ratio.

Does a 3-year lease reduce the landlord's IRS in Portugal?

No — the term is not what does it. The 10% rate (EBF Art. 45º-C, added by Decreto-Lei n.º 97/2026) turns on the rent level: the letting must be exclusively residential, the monthly rent must not exceed €2,300 (2026), and the income must be received by 31 December 2029. A 3-year lease qualifies on exactly the same terms as a 1-year or a 10-year one. Duration matters under a separate regime — the Art. 72º CIRS bands — but those start at 5 years (15%), reach 10% at 10 years and 5% at 20 years, apply only where the property is the tenant's permanent home, and only to contracts celebrated or last renewed on or after 7 October 2023. Choosing a stable, well-screened tenant is what makes any long commitment safe.

Can a landlord refuse an applicant without giving a reason?

Portuguese law does not oblige a landlord to justify each rejection, but the choice must not be discriminatory (Lei 93/2017). Written, objective criteria applied to every applicant are both the fairest method and the best evidence that a refusal was lawful.

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