Moving to Portugal
Renting in Portugal Without a Fiador: Deposits, Advance Rent and What Landlords Can Ask For
Income records and a bank guarantee can help you negotiate with a landlord who asks for a fiador, the person responsible if you fail to pay.
Portuguese law does not require every tenant to have a Portuguese guarantor. A landlord can ask for a fiador, someone who promises to meet the tenant’s obligations, and can decline an alternative. Without one, start by asking which evidence of income or other security the landlord will accept.
What does a fiador actually promise?
A fiador becomes personally liable for the obligations covered by the guarantee. In a tenancy, this can include unpaid rent and other debts specified in the agreement.
The guarantee's wording matters. Check which obligations it covers, its duration, renewals and any maximum amount. The benefício da excussão prévia normally allows a guarantor to require enforcement against the debtor's assets first, subject to legal exceptions. A waiver or a promise to act as principal payer can remove that protection.
A landlord may prefer a guarantor with income or assets in Portugal because these are easier to assess or pursue. A guarantor should obtain independent advice before signing an open-ended commitment.
How much advance rent and deposit can be requested?
Article 1076 sets two separate limits. Rent may be paid ahead by written agreement for no more than two months. Security for the obligations is capped at two rents. Calling six months of advance rent a ‘deposit’ does not remove the deposit limit.
At €1,000 a month, the maximum two-month advance is €2,000 and a two-rent deposit is another €2,000. Rent already due is a separate payment. Ask the landlord to itemise the request so that the amounts can be checked individually.
Ask which exact dates every rent payment covers. A demand for the ‘first and last month’ needs that explanation, especially when the last month lies well beyond the permitted advance period. A refundable deposit is not automatically payment for the last month. Agree any use of it for rent in writing.
Check a rental payment request
What can you offer if you have no local guarantor?
An employment contract, recent payslips or a foreign pension statement can help a landlord assess whether you can pay the rent. A tax return and bank records can support that evidence. Ask which documents the landlord will accept before paying for translations or a guarantee service.
A bank guarantee is another possibility if the landlord agrees. The bank promises to pay under the conditions written into the guarantee and may require collateral or charge fees. Compare the amount covered, expiry date and conditions for payment with the cost of a cash deposit.
If a bank guarantee and cash deposit are requested together, have their combined value checked against article 1076 before agreeing.
Before paying a guarantor service, check the legal entity, liability limit, fees and exclusions. Get the landlord’s written acceptance. For an insurance or banking product, verify the provider’s registration with the relevant regulator.
What should the tenancy agreement contain?
Read the written tenancy agreement before paying. It should identify you and the landlord, the property, its intended use, the rent and the signing date. It must also address the property’s permission for use or the exemption that applies. Agree the payment and handover details below before signing.
- Names and identification of landlord, tenant and any guarantor. Confirm that the signer owns the home or has authority to let it.
- Exact dwelling, rooms, storage and shared areas included. Record the keys, meters, furniture and existing damage in a signed inventory with photographs.
- Start date, term, renewal rules, notice requirements, rent, payment date and payment account.
- Separate sums for rent already due, named advance-rent periods and refundable security. Include the deposit's purpose, return arrangements and how deductions will be evidenced.
- Utilities, service charges, repairs and every guarantor or bank-guarantee obligation. Retain a signed copy and payment records.
Who registers the lease and issues receipts?
The landlord reports the start, change or end of the lease to the Autoridade Tributária e Aduaneira, Portugal’s tax authority, generally by the end of the following month. Registering the lease creates stamp duty equal to 10% of one month’s rent.
Landlords must issue receipts when they receive rent, including payments taken as a deposit or advance. Electronic receipts are the usual method. Some landlords are exempt from electronic issuance, including specified older landlords, but that is not an exemption from acknowledging payment. Ask for the appropriate receipt.
Keep the receipts with your signed lease and payment records. They document the amounts paid and support any rental deduction available on your tax return.
What should you do before paying an excessive request?
Keep the advertisement, messages and proposed contract. Before paying, ask for a written breakdown and work through these steps.
Ask the landlord to identify each amount, the dates it covers, whether it is refundable and the clause authorising it. Compare advance rent and security separately with article 1076.
Propose compliant amounts or another documented guarantee. Obtain the revised terms, landlord identity and signed agreement before payment. Use a traceable payment method and request a receipt.
If the request remains excessive, seek advice from a tenants' association or a Portuguese lawyer before signing. Report missing tax registration or receipts to AT. Recovery of disputed money or a civil guarantee question needs the appropriate legal process, not merely a tax complaint.
What costs and checks remain after moving in?
Ask the bank or guarantor service about setup fees, recurring charges and cancellation terms. Never pay a stranger merely to supply a name for the tenancy agreement.
At handover, compare the inventory with the actual property and keep evidence of the condition. Before leaving, agree a final inspection and ask for an itemised account of any claimed deductions. Security should be returned when the obligation it secures no longer requires it. A specific return deadline should be written into the agreement rather than invented after a dispute.
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