Art. 1097º — Código CivilArt. 1098º — Código CivilLei 13/2019 — Lei 13/2019NRAU Art. 9º — Lei 6/2006

Lease Notice Periods in Portugal: Complete Guide for Landlords and Tenants

Portuguese law requires specific advance notice periods for both landlords and tenants to oppose lease renewal. Learn the exact timeframes under Art. 1097º and Art. 1098º of the Civil Code.

Legal Guide

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4 min read

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5 sections

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4 FAQs

1How Lease Renewal Works in Portugal

Unless the contract validly provides otherwise or a statutory exception applies, fixed-term residential leases renew automatically at the end of their term. Under Art. 1096º, the default renewal is for the initial term or 3 years when that term is shorter. Read the signed renewal clause before calculating dates.

Articles 1097º and 1098º govern opposition to renewal by landlords and tenants. These opposition bands must not be reused for tenant early termination, which follows the separate one-third and 120/60-day rules in Art. 1098º nº 3.

2Notice Periods by Contract Duration

The required advance notice depends on the duration of the initial term or current renewal to which the opposition relates:

Relevant Term Duration	Tenant Notice	Landlord Notice
6 years or more	120 days	240 days
1 year to under 6 years	90 days	120 days
6 months to under 1 year	60 days	60 days
Less than 6 months	1/3 of the term	1/3 of the term

These periods are counted backward from the renewal date. For example, on a 2-year term that ends on December 31, the landlord must send their opposition notice by September 2 at the latest (120 days before).

3The 3-Year First Renewal Protection (Lei 13/2019)

Art. 1097º nº 3, added by Lei 13/2019, says the landlord's opposition to the first renewal only takes effect after 3 years from contract formation, with the contract remaining in force until then. Nº 4 contains an exception for qualifying housing need by the landlord or a first-degree descendant.

This is a delayed-effect rule. It should not be rewritten as a ban on sending notice, a fixed number of renewals or an unconditional three-year occupancy guarantee. The contract's actual renewal clause remains part of the calculation.

4Common Mistakes to Avoid

For landlords:

•Sending the opposition too late or calculating from the wrong renewal period.

•Treating the three-year rule as a fixed renewal count instead of a rule about when opposition to the first renewal takes effect.

•Relying on verbal communication. NRAU Art. 9º defaults to a signed writing sent by registered letter with acknowledgment of receipt and also permits hand delivery when the recipient signs and dates a copy. Email is not a generic substitute.

For tenants:

•Assuming the lease ends automatically without checking the contract and statutory exceptions.

•Confusing opposition to renewal with early termination; the latter has its own one-third and 120/60-day rules.

•Not keeping proof of the communication's content, dispatch and delivery.

5Build a Notice Evidence File

Before sending a notice, collect the signed lease, all amendments, the start date, current term, renewal history, and the address or channel designated for communications. Keep the exact notice sent, proof of dispatch and delivery, returned correspondence, and any reply in one timeline. Record calendar dates rather than relying only on a reminder labelled “notice deadline.” A template cannot determine whether an exceptional rule, service problem, representation issue, or later amendment changes the result. Where ending or renewing the lease is consequential, have a Portuguese professional confirm the calculation and delivery method for the specific contract.

Legal References

Art. 1097º — Código Civil

Landlord must give advance notice to oppose automatic rental renewal. Notice periods vary by contract duration (60–240 days).

Art. 1098º — Código Civil

Tenant's notice periods to oppose renewal (60–120 days) and rights for early termination after 1/3 of term.

Lei 13/2019 — Lei 13/2019

Landlord opposition to the first renewal only takes effect after 3 years from contract formation, subject to the Art. 1097º nº 4 housing-need exception.

NRAU Art. 9º — Lei 6/2006

The default form is a signed writing sent by registered letter with acknowledgment of receipt; hand delivery is also permitted when the recipient signs and dates a copy. Email is not a generic substitute.

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

Frequently Asked Questions

How much notice must a landlord give to oppose lease renewal in Portugal?

For landlord opposition to renewal, Art. 1097º uses 240 days for a term of 6+ years, 120 days for 1-6 years, 60 days for 6-12 months and one-third below 6 months. Opposition to the first renewal only takes effect after 3 years from formation, subject to the nº 4 exception.

Do Portuguese leases renew automatically?

Under the Art. 1096º default, fixed-term residential leases renew at the end of their term unless a valid contrary clause, timely opposition, or statutory exception changes that result. Read the signed renewal clause before calculating the end date.

Can a landlord refuse to renew a 1-year lease in Portugal?

Art. 1097º nº 3 says opposition to the first renewal only takes effect after 3 years from contract formation, with the contract remaining in force until then. Nº 4 contains a housing-need exception, and the signed renewal clause must be checked before calculating the end date.

How should notice be given to oppose lease renewal?

NRAU Art. 9º defaults to a signed writing sent by registered letter with acknowledgment of receipt. It also permits hand delivery when the recipient signs a dated copy. Do not rely on email as a generic substitute for the statutory form.

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