Tenant Not Paying Rent in Portugal: What to Do, Step by Step (2026)

When a tenant stops paying rent, most landlords do not know where to start. Call them? Send a message? Go straight to court? The answer: Portuguese law sets out a specific process you must follow, and the registered letter is the first and most important step. This matters even more if you own property in Portugal but live abroad, because every notification has to be done the Portuguese way to count in court.

This guide explains the concrete steps, the deadlines the law imposes and how to protect your rights as a landlord in Portugal.

1. What are the legal deadlines?

The Portuguese Civil Code (article 1083) and the NRAU (Novo Regime do Arrendamento Urbano, Portugal's urban lease law) establish that the landlord may terminate the lease for non-payment of rent when the tenant has been in arrears for 3 months or more.

But be careful: for that period to start counting formally, and for you to be able to use the eviction process later, you need to have sent the notification by registered letter with acknowledgment of receipt (AR). Without it, your position in court is weakened.

• From the 1st day of arrears: you can send a friendly reminder and a formal demand for payment
• Within the first 8 days of arrears: the tenant can settle the debt and avoid the penalty payment or the termination of the lease on that ground (article 1041(2) of the Civil Code)
• 3 months of unpaid rent: you can trigger the termination of the lease (article 1083(3) of the Civil Code)

2. The 4 steps to follow

1. 1st notice (friendly). Contact the tenant politely, in writing. A message or an email. Sometimes that solves it. Keep a record.
2. Registered letter, formal demand. If they did not reply or did not pay, send a registered letter with acknowledgment of receipt. This letter demands payment within a set deadline (usually 8 days) and falls under article 1083 and following of the Civil Code. It is the most important step.
3. Pre-action letter. If the deadline has passed and the tenant still has not paid, send a second letter announcing your intention to terminate the lease and start legal proceedings.
4. BAS or court. With the letters sent and the 3-month threshold reached, you can file an eviction request with the BAS (Balcão do Arrendatário e do Senhorio, Portugal's landlord and tenant desk, an administrative fast track known as the special eviction procedure, "procedimento especial de despejo") or bring a court action.

3. Why is the registered letter so important?

The registered letter with acknowledgment of receipt (AR) is the form of notification with the strongest evidentiary value in a Portuguese court, and it is the legally prescribed channel for communicating the termination of the lease (article 9 of the NRAU). It serves as proof that:

• The tenant was formally notified
• The tenant knew about the situation and the deadline to settle the debt
• The tenant was given time to settle the debt after being notified

If the tenant does not collect the letter from CTT (the Portuguese postal service), the acknowledgment of receipt comes back marked "não levantado" (not collected), which also has legal value, as long as the letter was sent to the address stated in the lease agreement.

4. What should the letter contain?

A formal demand letter for non-payment of rent should include:

• Identification of the landlord (name and NIF, the Portuguese tax number)
• Identification of the tenant and of the rented property
• An explicit reference to the months in arrears and the amount owed
• A deadline to settle the debt (8 days is the usual)
• A mention of article 1083 of the Civil Code
• The consequences of continued non-payment
• Date and signature of the landlord

One important detail for foreign landlords: the letter itself must be written in Portuguese, since it is a legal notification addressed to a tenant in Portugal.

5. Do I need to hire a lawyer?

To send the registered letter, no. Any landlord can send the notification themselves, as long as the letter has the correct content and is sent through CTT as a registered letter with acknowledgment of receipt.

For the eviction process at the BAS, the form can be filed without a lawyer when the amount at stake does not exceed certain limits. For complex court actions, legal support is recommended.

6. How long does the eviction process take?

In Portugal, the eviction process can be relatively quick if you use the BAS (the special eviction procedure):

• BAS: typically 2 to 6 months if the tenant does not contest
• Court action: 1 to 3 years in the ordinary courts

That is why it is essential to act early and with your documentation in order, especially the registered letter with acknowledgment of receipt.