Rent arrears payment agreement: free template (PDF and Word)
Free rent arrears payment agreement in PDF and Word: acknowledgement of debt, instalment plan and partial payment without waiver of rights.
- NRAU-compliant
- PT and bilingual PT/EN
- Editable PDF + Word
- 100% free
Free template
The rent arrears payment agreement lets the landlord collect the debt in instalments without giving up their rights. The template includes an acknowledgement of debt, an instalment plan, a default rule and a no-waiver clause for partial payments. Download it free in PDF and Word and track the instalments in the Aluseg app.
- Month-by-month acknowledgement of the debt
- Option on the statutory 20% compensation (art. 1041(1) Civil Code)
- Instalment plan with dates and amounts, on top of rent falling due
- Acceleration of all instalments upon default
- No-waiver clause and guarantor's signature
When to make a rent arrears payment agreement
When the tenant wants to pay but cannot do so in one go, and the landlord would rather be paid than move straight to termination.
Is accepting a partial payment a waiver?
The law provides that receiving new rent does not deprive the landlord of the right to terminate or to compensation based on the rent in arrears (article 1041(4) of the Civil Code). The template reinforces this with an express no-waiver clause.
Legal deadlines to know
- 8 days: if the tenant pays within this period, the right to compensation or termination ceases (article 1041(2)).
- 3 months of arrears: ground for termination (article 1083(3)).
- More than 4 delays of over 8 days in 12 months, with a notice after the 3rd (article 1083(4) and (6)).
Mistakes to avoid
- Accepting payments with nothing in writing.
- Forgetting the rent that falls due during the plan.
- Not notifying the guarantor within 90 days (article 1041(5)).
Frequently asked questions
Can the landlord charge compensation for late rent?
In addition to the rent, the landlord may claim compensation equal to 20% of the amount due, unless the lease is terminated for non-payment (article 1041(1) of the Civil Code). If the tenant pays within 8 days of the start of the delay, that right ceases (paragraph 2).
If I accept part of the rent, do I lose the right to terminate the lease?
Not necessarily: the law provides that receiving new rent does not deprive the landlord of the right to terminate based on the rent in arrears (article 1041(4)). A written agreement with a no-waiver clause avoids doubts.
After how many months of arrears can the lease be terminated?
Arrears of three months or more are a ground for termination (article 1083(3)). A termination by notice has no effect if the tenant pays within one month, an option usable only once per lease (article 1084(3) and (4)).
Does the guarantor have to sign the agreement?
It is not mandatory, but it is advisable. In any case, the landlord must notify the guarantor of the arrears within the following 90 days before claiming payment from them (article 1041(5) and (6)).
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