Breaking a Lease Early in Portugal: Tenant Rights Under Art. 1098º

Yes. Portuguese law explicitly grants tenants the right to terminate a fixed-term lease before the agreed end date, but only under specific conditions defined in Art. 1098º nº 3 of the Civil Code.

This is an important right because it balances the stability that fixed-term contracts provide to landlords with the flexibility tenants need if their circumstances change — job relocation, family reasons, or financial difficulties.

Art. 1098º nº 3 sets two key requirements for early termination:

1. Minimum elapsed time: At least one-third (1/3) of the agreed lease term must have passed. For a 3-year lease, the tenant can only request early termination after 1 year. For a 1-year lease, after 4 months.

2. Written notice: The tenant must give advance written notice: - 120 days for contracts of 1 year or longer - 60 days for contracts shorter than 1 year

Example: On a 2-year lease starting January 1, 2026: - 1/3 of the term = 8 months → earliest termination possible from September 1, 2026 - 120 days' notice required → notice must be sent by May 4, 2026 at the latest

The notice must be communicated in writing — preferably by registered letter (carta registada) or by email if both parties' email addresses are specified in the contract (Art. 9º nº 7 NRAU).

It's important to distinguish between early termination and opposing renewal — these are different legal mechanisms:

The notice periods and timing rules are different for each. Early termination requires the 1/3 elapsed time rule; opposition to renewal does not.

CompliantLease includes an early termination clause (within Clause 8) that accurately reflects Art. 1098º nº 3 of the Civil Code. Based on the lease duration you configure, the system automatically calculates:

This ensures both parties understand their rights from the start, reducing disputes and the risk of informal "break-lease" arrangements that leave both sides unprotected.