This guide describes tenant rights when ending an urban tenancy in Portugal — how to demand the return of a security deposit (caução) and how to give the correct notice to avoid forfeiting rent. It covers Civil Code arts. 1097–1103 and the Peace Court (Julgado de Paz) regime.

Important notice. This guide describes statutory rights and procedures under current legislation. It does not replace individual legal advice in disputes with the landlord or in cases of high contractual complexity.

Return of the security deposit

Once the tenancy ends and the keys are returned, the tenant may demand in writing the return of the security deposit (caução).

Return deadline: There is no fixed statutory deadline confirmed in this analysis — some courts consider a reasonable period after key handover (under verification). The deadline applicable to your specific case should be confirmed with a lawyer or legal advice service.

Maximum deposit amount: Under Civil Code art. 1076(2), the parties may secure the performance of their obligations by way of a deposit up to two months' rent (maximum). (Source: informador.pt — CC art. 1076, version 89 / Law 39/2025.)

Retention of the deposit: The grounds on which a landlord may lawfully retain the deposit (e.g. unpaid rent, damage beyond normal wear) are commonly cited doctrine but have not been confirmed against a primary statutory article in this analysis (under verification).

Escalation: If the landlord refuses to return the deposit, you may take the matter to the Peace Court (Julgado de Paz) (claims up to €15,000, no mandatory lawyer), which has jurisdiction over urban tenancy disputes — Law 78/2001, art. 8 and art. 9(1)(g). This is a free and faster route than the ordinary courts.

Ending the lease — notice period (fixed-term contract)

For fixed-term contracts, Civil Code art. 1098(1) sets the following minimum notice periods for a tenant wishing to oppose renewal:

| Contract duration | Minimum advance notice (opposition to renewal) | | ----------------- | ---------------------------------------------- | | ≥ 6 years | 120 days | | ≥ 1 and < 6 years | 90 days | | ≥ 6 months and < 1 year | 60 days | | < 6 months | ⅓ of the contract term |

These periods must be counted back from the end of the current term. Notice should be given in writing (registered letter with acknowledgement of receipt is the safest route).

Early termination mid-contract (art. 1098(3)): A tenant may also terminate a fixed-term contract after at least ⅓ of the term has elapsed, with advance notice of:

• 120 days before the intended exit date, if the contract has a duration of 1 year or more;
• 60 days before, if the contract has a duration of less than 1 year.

When the landlord opposes renewal (art. 1098(4)): If it is the landlord who opposes renewal, the tenant may terminate the contract with as little as ≥ 30 days notice.

Open-ended contract (art. 1100)

Civil Code art. 1100(1) sets the following minimum notice periods for a tenant terminating an open-ended contract:

| Duration elapsed (at the time of notice) | Minimum notice | | ----------------------------------------- | -------------- | | ≥ 1 year | 120 days | | < 1 year | 60 days |

When the landlord opposes renewal (art. 1100(2)): the tenant may terminate with at least 30 days notice.

(Source: informador.pt — CC art. 1100, version 89 / Law 39/2025.)

First-renewal protection

A landlord's opposition to the first renewal of the contract only takes effect after 3 years from the date the contract was signed (Civil Code art. 1097(3)). This means: even if the landlord sends notice within the required period, the contract remains in force until it completes 3 years. Exception: the landlord may invoke this right before 3 years have elapsed if the dwelling is needed for their own use or that of a first-degree descendant (art. 1097(4)).

Applicable articles — quick reference

| CC Article | Subject | | ---------- | ------- | | 1097 | Landlord's opposition to renewal | | 1098 | Tenant's opposition to renewal / early termination (fixed-term) | | 1100 | Tenant's termination notice (open-ended contract) | | 1101 | Landlord's termination notice | | 1103 | Justified termination |

Tools and next steps

• Mowei Legal Support — Tenancy and deposit — a free information tool to help identify your next step and generate the correct letter for your case (deposit return request or termination notice).
• Select your case in the tool to access the pre-filled deposit return letter or lease termination notice, with the applicable notice periods.

Official sources