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The Special Eviction Procedure (PED) is the legal mechanism created in Portugal to expedite the recovery of rented properties in situations of default. It was introduced to bypass the slowness of the courts, allowing the majority of evictions for non-payment to be resolved administratively, in months instead of years.
This guide explains everything you need to know: what the PED is, when you can use it, how to submit it step by step, and what to expect at each stage.
What is the PED?
The PED (Special Eviction Procedure) is a simplified administrative procedure, managed by the National Tenancy Counter (BAS), that allows the landlord to obtain an eviction order without the need for a full lawsuit.
Main features:
- Faster than the judicial route — typically 3 to 6 months in an uncontested case.
- Cheaper — submission fee of €25 to €50, with no mandatory lawyer costs in the initial phase.
- Available online and in person at any BAS counter.
- Applicable to situations of non-payment, end of lease term, and lease termination.
When Can You Use the PED?
The PED can be used in the following situations:
1. Non-payment of rent
The landlord can initiate the PED when the tenant accumulates more than 3 months of rent in arrears, or when they have made at least 4 late payments within a 12-month period (even if the amounts were subsequently paid).
2. End of the lease term without vacating
When the contract has ended and the tenant refuses to leave, even after the notice period has been fulfilled by the landlord.
3. Termination due to breach of contract
When the tenant has violated other clauses of the contract (misuse of the property, unauthorized subletting, unauthorized alterations) and the landlord has sent the proper notice of termination.
Step by Step: Submitting the PED at BAS
Necessary documents:
- Copy of the lease agreement signed by both parties
- Proof of registration of the contract with the Tax Authority (AT)
- Proof of default: bank statements showing the absence of payments, copies of notices sent
- Copies of all formal correspondence sent to the tenant (with return receipts)
- Landlord’s ID document
- Access the BAS portal at basconsultation.mj.pt or visit a service desk in person.
- Fill out the eviction request form (available online).
- Attach all the documents listed above.
- Pay the submission fee (€25 to €50, depending on the rent amount).
- Keep the assigned case number — you will use it to track the status of the request.
What Happens After Submission
Phase 1 — Tenant notification (days 1–15):
The BAS formally notifies the tenant of the initiation of the PED, granting them a period of 15 days to object or, in the case of non-payment, to pay the outstanding rent and the procedural costs.
Phase 2a — Unopposed case (most common):
If the tenant does not object or pay within 15 days, the BAS automatically issues the order to vacate. The landlord can then schedule the eviction with the enforcement agent, who will proceed to vacate the property with the assistance of the authorities, if necessary.
Phase 2b — Opposed case:
If the tenant files an objection, the process is forwarded to the Court. In this case, the process becomes a standard legal action, with longer timeframes (typically an additional 6 to 18 months). Objections are, however, rare in cases of documented non-payment.
Timeframes and Expected Duration
- Unopposed PED — eviction in 6 to 8 weeks after the issuance of the order: typical total duration of 3 to 5 months.
- Opposed PED (forwarded to Court): an additional 9 to 18 months.
- Vulnerable tenant: temporary moratoriums may apply, which prolong the process.
- Holiday season (August): procedural deadlines are suspended — expect additional delays.
Costs and Fees
The PED was designed to be accessible to landlords without mandatory legal representation in the administrative phase. However, if the process is referred to court, it is advisable to appoint legal counsel.
- BAS submission fee: €25 to €50
- Enforcement agent (to carry out the physical eviction): €150 to €400, depending on complexity
- Lawyer (court phase, if necessary): €500 to €2,000+
If you have rent guarantee insurance (GLI) with legal protection, these costs may be fully or partially covered by the policy.
Alternatives to the PED
Out-of-court settlement:
In many cases, direct negotiation with the tenant — proposing a payment plan or a negotiated departure — can resolve the situation more quickly and at a lower cost than the PED. Always formalize any agreement in writing.
Judicial eviction process:
For more complex situations (tenants with special protections, properties not registered with the Tax Authority, or contracts prior to 1990), the judicial route may be more appropriate. Consult a lawyer specializing in tenancy law.
