It is often said that a rental agreement is like a marriage: the secret lies not only in the day you sign the contract, but in how you plan the exit. In Portugal, the rules regarding notice periods and opposition to renewal are a true legal labyrinth.
At TeamQASA, we believe that knowing how to terminate a contract with clarity is what distinguishes a smooth process from an exhausting legal battle.
The Tenant’s Side: When the Cycle Ends
As a tenant, you have the right to leave before the end of the contract, but you cannot simply hand over the keys tomorrow. The law protects the landlord’s planning by requiring specific notice periods.
Notice Periods (Early Termination)
If your contract is for 1 year or more, for example, and you wish to leave early, you must observe the following periods (applicable after 1/3 of the contract duration has passed):
Contracts of 1 year or more: 120 days’ notice.
Contracts of less than 1 year: 60 days’ notice.
The Fatal Mistake: The Forgotten Letter
The biggest mistake tenants make is communicating their departure via WhatsApp or informal email.
Golden Rule: Termination must be done via registered mail with acknowledgment of receipt (carta registada com aviso de receção). Without this document, you are legally responsible for the rent even if you no longer live in the property.
The Landlord’s Side: Recovering Property Safely
For a landlord, ending a contract is a much more rigid process. The State protects the tenant's right to housing, so the landlord’s notice periods are generally longer.
Opposition to Renewal vs. Termination
Opposition to Renewal: The landlord communicates that they do not want the contract to renew automatically at the end of the term. For contracts between 1 and 6 years, the landlord must give 120 days’ notice.
Termination for Own Housing: A landlord can terminate a contract if they need the home for themselves or their children, but there are strict requirements (such as paying compensation or proving they do not own another home in the same area).
Curiosity: The Myth of the "Life-long Tenant"
Many landlords are afraid to rent to people over 65 or those with disabilities, fearing they will never be able to recover the property.
The Reality: The law does indeed protect these tenants against eviction via "opposition to renewal" if they have resided in the home for more than 15 years. However, this does not mean they don't have to pay rent or that the contract cannot be terminated for breach of contract (non-payment).
Two Real Stories: Time is Money
The Tenant Who Paid "Phantom Rent": Ana decided to move and notified her landlord via SMS three months in advance. The landlord initially accepted, but in the final month, he changed his mind and demanded four more months of rent, claiming the SMS had no legal value. Ana had to pay to avoid court.
Lesson: Always follow the legal notice period and use registered mail, even if you have an excellent relationship with your landlord.
The Landlord Who Missed the Window: Mr. Manuel wanted to sell his vacant house, and the contract ended in December. He sent the opposition letter in October (only 60 days prior). Because the legal requirement was 120 days, the contract automatically renewed for another 3 years. Mr. Manuel lost the sale.
Lesson: Mark renewal dates on your calendar with alerts. An error of a single day can cost years of waiting.
TeamQASA Tip: The 1/3 Planning
If you are thinking of ending a contract, calculate the one-third rule. Legally, most rental contracts in Portugal only allow the tenant to terminate after fulfilling one-third of the initial duration (or renewal). For example, if you sign a 3-year contract, you can only send your termination notice after the first year of the contract has passed.
Do you need help managing your contract deadlines?
Whether you are a tenant or a landlord, at TeamQASA, we help you navigate rental bureaucracy, ensuring your communications are made at the right time and in the correct way.