Leases in Portugal: advice for landlords

A badly drafted lease only reveals its problems when the tenant stops paying. By then, every deadline and formality left unmet weighs against the landlord.

The contract. We draft residential and commercial leases covering term, renewal, rent review, deposit and guarantees, including personal guarantees. We handle the mandatory notification of the lease to the Tax Authority.

Term and opposition to renewal. In residential leases, the law sets minimum term rules and limits the landlord's ability to oppose the first renewal. We structure the lease so that the landlord knows from the outset when and how the property can be recovered.

Non-payment. Rent arrears of more than three months allow the landlord to terminate the lease. Repeated late payments, even short ones, may also justify termination. We handle the termination notice, the special eviction procedure and, where necessary, court proceedings and recovery of the rent owed.

Commercial leases. For retail and office premises, we negotiate works, assignment of the lease and transfer of the business, areas where contractual freedom is greater and so is the risk.