When you decide to leave a rented home before the end of the lease, it is not enough to tell the landlord in a message. The law calls this termination by notice (denúncia) by the tenant, it comes with compulsory notice periods, and how you communicate it can determine whether you get your deposit back without complications.
This guide gives you a ready-to-use letter template, the exact notice periods depending on the length of your lease, and the steps through to the return of your deposit.
The essentials in 30 seconds
- Leaving before the end of a fixed-term lease is called denúncia (termination by notice) — it is only possible once 1/3 of the term has elapsed (art. 1098 of the Civil Code).
- The notice period is 120 days for leases with a term of 1 year or more, or 60 days for terms of less than 1 year.
- Send the letter registered, with acknowledgement of receipt — it is your proof that you met the deadline.
- Leaving without giving the required notice may oblige you to pay the rent for the missing notice period.
Termination by notice or by mutual agreement: what is the difference?
Denúncia is the tenant’s unilateral exit from a fixed-term lease, possible once 1/3 of the lease term has elapsed, and subject to compulsory notice (art. 1098 of the Civil Code). Termination by mutual agreement (revogação por acordo) is different: you and the landlord agree to end the lease at any time, in writing, without being subject to those deadlines. For the full picture of your rights at this stage, see tenant rights.
Notice periods
| Length of lease | Compulsory notice | When you can give notice |
|---|---|---|
| 1 year or more | 120 days | After 1/3 of the lease term has elapsed |
| Less than 1 year | 60 days | After 1/3 of the lease term has elapsed |
These periods apply to termination by the tenant under art. 1098 of the Civil Code. Always check the exact length of your lease — it determines which of the two periods applies.
What happens if you do not give the required notice
Termination letter template (denúncia)
Send this letter registered, with acknowledgement of receipt, and adapt the fields in brackets to your situation:
Dear Mr [landlord’s name],
Pursuant to article 1098 of the Civil Code, I hereby give notice of termination of the lease agreement entered into on [date], relating to the property located at [address], with effect from [date], respecting the statutory notice of [120/60] days.
I request that the move-out inspection be scheduled and the deposit be returned in accordance with the law.
[place, date, signature]
The alternative: termination by mutual agreement
If you and the landlord reach an agreement, you can end the lease at any time, in writing, through a termination by mutual agreement (revogação por acordo) — without depending on the 1/3-of-the-term rule or on the 120/60-day notice required for termination by notice.
After you send the letter: the steps up to move-out
- Confirm the effective date with the landlord and schedule the move-out inspection.
- Carry out the move-out inspection jointly — record the condition of the property with the landlord present (see move-out inspection).
- Hand over the keys in a documented way — with a record signed by both parties (template at handover of keys).
- Ask for the deposit to be returned in accordance with the law, once the condition of the property has been confirmed (see rental deposit).
Frequently asked questions
Can I leave the lease before the end of the term?
Yes, through termination by notice (art. 1098 of the Civil Code), possible once 1/3 of the lease term has elapsed, respecting the 120- or 60-day notice depending on the length of the lease.
What is the notice period for terminating the lease?
120 days for leases with a term of 1 year or more, and 60 days for leases with a term of less than 1 year.
How should I send the termination letter?
By registered letter with acknowledgement of receipt, so that you have proof of the date it was sent and of its receipt by the landlord.
What happens if I leave without respecting the notice period?
You may be obliged to pay the rent for the notice period you did not observe.
Can I end the lease early in another way?
Yes, by mutual agreement — you and the landlord agree to end the lease at any time, in writing, without being subject to the notice periods for termination by notice.
Note: informational article — this is not legal advice. Always check the deadlines and the wording of the letter against the exact length of your lease, or with a professional.
