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

Property Condition Report in Portugal: Legal Requirements Under Art. 1043º CC

Art. 1043º of the Portuguese Civil Code creates a presumption that the property was in good condition at the start of the lease. Learn why a condition report is essential, what it should include, and how it protects both parties.

Legal Guide

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5 min read

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5 sections

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4 FAQs

1Why a Property Condition Report Matters Under Portuguese Law

Art. 1043º of the Civil Code establishes a critical legal presumption: if no condition report exists, the property is presumed to have been delivered in good condition. This presumption works against the tenant at the end of the lease.

Without a documented condition report (auto de vistoria), disputes about property damage become extremely difficult to resolve:

•The landlord can claim any damage occurred during the tenancy

•The tenant has no evidence to prove pre-existing issues

•Courts default to the presumption of good condition

A proper condition report protects both parties: landlords have evidence for legitimate damage claims, and tenants have proof of pre-existing conditions. It is not legally mandatory, but failing to create one is one of the most common — and costly — mistakes in Portuguese rentals.

2What a Condition Report Should Include

A thorough condition report should document the property room by room, covering:

Structural elements: - Walls, ceilings, and floors — noting any cracks, stains, or damage - Windows and doors — operation, locks, glass condition - Plumbing fixtures — taps, drains, water pressure, any leaks - Electrical — outlets, switches, light fixtures, fuse box

Finishes and fittings: - Paint condition and color in each room - Flooring type and condition (scratches, tiles, stains) - Kitchen appliances and their working condition - Bathroom fixtures (toilet, shower, bathtub)

Meter readings: - Electricity meter reading at handover - Gas meter reading (if applicable) - Water meter reading

Keys and access: - Number and type of keys delivered - Remote controls (garage, gate) - Mailbox keys

All items should be accompanied by dated photographs and signed by both landlord and tenant.

3Photographic Evidence Best Practices

Photos are the most powerful form of evidence in property condition disputes. Best practices include:

•Date-stamped photos — use a camera or app that embeds the date in metadata

•Wide shots + close-ups — photograph each room overall, then close-ups of any existing damage

•Systematic approach — follow a consistent order (e.g., clockwise from the entrance)

•Include meter readings — photograph all utility meters showing the readings

•Both parties present — take photos when both landlord and tenant are present to prevent disputes about staging

Store copies with the signed condition report. Both parties should retain their own copy. Digital storage (cloud backup) provides additional security against loss.

In court proceedings, photographs taken at the time of handover are treated as strong evidence, especially when accompanied by a signed written report.

4Common Mistakes to Avoid

For landlords:

•Skipping the condition report entirely — relying on the Art. 1043º presumption seems helpful, but it only proves "good condition," not the specific state of fixtures and finishes

•Creating a vague report ("property in good condition") — this is nearly useless in disputes; specificity matters

•Not photographing pre-existing wear — minor scratches or marks that are normal wear should be documented to avoid claims at check-out

For tenants:

•Not insisting on a condition report at move-in — the Art. 1043º presumption works against you

•Signing a report without carefully reviewing it — take your time; note any disagreements

•Failing to document issues discovered after move-in — report problems to the landlord in writing within the first week

For both parties:

•Using only verbal agreements about property condition — nothing substitutes for a written, signed, photographed report

5How CompliantLease Handles Condition Reports

CompliantLease includes a comprehensive property handover system:

•Property Handover step — a dedicated form step for room-by-room condition documentation, meter readings, and key handover

•Condition Report annex — the generated contract includes the condition report as Annex 2, legally linked to the main lease agreement

•Photo attachments — landlords can upload photographic evidence that gets merged into the final PDF

•Legal citation — Art. 1043º is cited in the relevant clause, ensuring both parties understand the legal significance

•Bilingual documentation — all condition report text appears in both Portuguese and English

By making the condition report an integral part of the lease workflow rather than an afterthought, CompliantLease helps prevent the disputes that arise from undocumented property handovers.

Legal References

Art. 1043º — Código Civil

The tenant must return the property in the condition received, minus normal wear from prudent use. Without a condition report, the property is presumed to have been in good condition at the start of the lease.

Art. 1038º — Código Civil

Defines tenant obligations including using the property prudently, not making unauthorized alterations, and tolerating necessary repairs by the landlord.

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

Frequently Asked Questions

Is a property condition report legally required in Portugal?

No, it is not legally mandatory. However, Art. 1043º CC creates a presumption of good condition when no report exists, which typically works against the tenant. Both parties benefit significantly from creating a detailed condition report.

What happens if there is no condition report at the end of the lease?

Under Art. 1043º CC, the property is presumed to have been in good condition at delivery. The tenant must return it in the same condition, minus normal wear from prudent use. Without a report, the tenant bears the burden of proving any damage was pre-existing.

Can a tenant be charged for normal wear and tear?

No. Art. 1043º explicitly excludes deterioration from "prudent use" (uso prudente). Normal wear — such as minor scuff marks on walls, slight carpet wear in high-traffic areas, or faded paint — cannot be charged to the tenant.

Should photos be taken during the property condition report?

Absolutely. Date-stamped photographs are the strongest form of evidence in property condition disputes. Both wide-angle room shots and close-ups of any existing damage should be taken, with both parties present.

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