Choosing a tenant is not the same as discriminating — but the line is drawn in the law, and it pays to know where it falls. Article 1067-A of the Civil Code prohibits discrimination in access to a lease based on a set of personal characteristics, and goes further: it prohibits the advertisement itself from containing restrictions, specifications or preferences based on those categories.
On the other hand, objectively assessing a candidate’s ability to pay remains entirely legitimate — within firm limits: a deposit of up to two months’ rent and rent paid in advance for up to two months, under Article 1076. This guide draws the line: what you can ask for, what you cannot write, and where the caps set by law sit.
The essentials in 30 seconds
- Article 1067-A(1) prohibits discrimination in access to a lease based on sex, ethnic origin, language, nationality, religion, age, disability and other personal characteristics.
- Paragraph 2 extends the ban to the advertisement itself: simply publishing the preference breaches the rule.
- You can still require proof of income, guarantees and a written contract — objective criteria, applied equally to everyone.
- Caps under Article 1076: deposit ≤ 2 months’ rent and advance rent ≤ 2 months, with written agreement — until a new law changes them.
What Article 1067-A prohibits
Paragraph 1 is unequivocal: “No one may be discriminated against in access to a lease on grounds of sex, ancestry or ethnic origin, language, territory of origin, nationality, religion, belief, political or ideological convictions, gender, sexual orientation, age or disability.”
The protected factors — worth keeping in mind whenever you write an advertisement or reply to a candidate:
- Sex and gender
- Ancestry or ethnic origin
- Language
- Territory of origin
- Nationality
- Religion and belief
- Political or ideological convictions
- Sexual orientation
- Age
- Disability
Advertisements: where most landlords trip up
Paragraph 2 of Article 1067-A is the part many landlords still overlook: “An advertisement offering a property for lease, and any other form of publicity connected with making properties available for lease, may not contain any restriction, specification or preference based on discriminatory categories that breach the previous paragraph.”
The practical rule: frame the advertisement’s requirements around the terms of the deal — the rent amount, guarantees required, documentation to submit, intended duration, rules on occupying the property — and never around the people’s characteristics. Whenever a requirement can only be read as one of the factors in paragraph 1, it falls within the rule’s risk zone.
If in doubt about how to word an advertisement, seek advice before publishing. And before you get to the advertisement, define your process: the tenant-selection checklist helps you set objective criteria in writing, and the applicant dossier review checklist shows how to apply them to everyone equally.
What you can (and cannot) require
| Practice | Framework | Legal basis |
|---|---|---|
| Ask for proof of income and employment | Objective assessment of solvency; not one of the categories listed in the law | Outside the list in Art. 1067-A(1) |
| Require a guarantor or other guarantee | Permitted — the parties may secure performance of the obligations | Art. 1076(2), Civil Code |
| Require a deposit | Maximum: 2 months’ rent | Art. 1076(2), Civil Code |
| Require rent paid in advance | Only with written agreement and for no more than 2 months | Art. 1076(1), Civil Code |
| Require a written contract | Not just allowed but required — it’s the legal form | Art. 1069(1), Civil Code |
| Limit the number of guests | Possible, but only by express clause in the contract | Art. 1093(1)(b), Civil Code |
| Prevent people in a shared household with the tenant from living there | The law expressly allows them to reside there | Art. 1093(1)(a) and (2), Civil Code |
| Refuse based on nationality, ethnic origin, religion, age, disability, sexual orientation… | Prohibited | Art. 1067-A(1), Civil Code |
| Publish an advertisement with a preference based on these categories | Prohibited | Art. 1067-A(2), Civil Code |
| Pressure the tenant to vacate the property | Prohibited — harassment in the lease | Art. 13-A, Law No. 6/2006 |
The caps you cannot exceed: deposit and advance rent
Article 1076 of the Civil Code has only two paragraphs, but it sets out upfront how much money you can ask for:
- Paragraph 1 — “Payment of the rent may be brought forward, where there is a written agreement, for a period not exceeding two months.”
- Paragraph 2 — “The parties may secure, by any of the legally provided means, performance of their respective obligations, up to an amount equivalent to two months’ rent.”
These limits have been in force since 1 January 2023, introduced by the 2023 State Budget Law (Law No. 24-D/2022, of 30 December), which replaced the previous regime — which had no cap on the deposit.
Note that paragraph 2 refers to securing the obligations “by any of the legally provided means”: the cap applies to the deposit, and doesn’t rule out other guarantees such as a personal guarantee (fiança), which follows its own rules. For more on structuring guarantees, see our guide on deposits and guarantees before renting.
And when is the rent due?
It’s worth fixing this in the contract, because the default rule catches a lot of people out. Article 1075(2) provides that, in the absence of an agreement to the contrary, and where rent periods correspond to calendar months, “the first instalment falls due when the contract is signed, and each of the following ones on the first working day of the month immediately before the month it relates to.” October’s rent is due, by default, on the first working day of September.
Who can live in the property
Another point where a landlord’s good intentions run into the law. Article 1093(1) allows the following to live in the property, in addition to the tenant:
- (a) — “Everyone who lives with them as part of the same household”;
- (b) — “A maximum of three guests, unless the contract states otherwise.”
Paragraph 2 clarifies who is always considered part of the same household: someone in a de facto union with the tenant, their relatives or in-laws in the direct line or up to the 3rd degree of the collateral line — “even if they pay some form of contribution” — and people to whom there is a legal or contractual duty of cohabitation or maintenance. Paragraph 3 defines guests as people to whom the tenant “provides accommodation and habitually provides related services, or provides meals, for payment.”
Form and requirements: a written contract is not optional
Article 1069(1) is short: “An urban lease agreement must be entered into in writing.” Paragraph 2 explains why it’s the landlord who loses the most from informality: where there is no written agreement “for a reason not attributable to the tenant,” the tenant “may prove the existence of the lease by any means admitted in law, by showing use of the property by the tenant without opposition from the landlord, and monthly payment of the rent for a period of six months.”
Six months of accepted rent payments are enough for a tenant to prove a lease that was never actually signed — with all the legal protections that go with it.
Add to that Article 1070(1): “An urban lease may only be granted over premises whose fitness for the purpose of the contract is certified by the competent authorities, namely through a usage licence (licença de utilização), where required.” Confirm the licence before advertising, not after signing. And once the contract is signed, move to the next step: registering the contract with the Tax Authority by the end of the month after the lease starts.
Harassment in the lease: a standalone prohibition
Article 13-A of Law No. 6/2006 prohibits harassment in a lease or sublease, defining it as “any unlawful conduct by the landlord, anyone acting on their behalf, or a third party interested in acquiring or marketing the property, which, with the aim of causing the tenant to vacate, disturbs, pressures or affects the dignity of the tenant, subtenant, or people lawfully living with them in the property, subjects them to an intimidating, hostile, degrading, dangerous, humiliating, destabilising or offensive environment, or seriously prevents or hinders access to and enjoyment of the property.”
The rule covers conduct by the landlord, anyone representing them, and also third parties interested in acquiring or marketing the property — which matters particularly in the sale or refurbishment of buildings with tenants in place. Cutting off utilities, using building works as pressure, or persistent visits are exactly the kind of conduct this rule targets. The lawful ways to end a lease are set out in the law; see our guide on managing tenant relations without conflict.
Checklist: defensible selection criteria
- Set your criteria before you see any candidates and apply them equally to everyone. Written, uniform criteria are the best defence against any accusation.
- Use ratios, not impressions. A rent-to-income affordability limit is objective, verifiable and neutral.
- Ask everyone for the same documentation — ID, tax number (NIF), proof of income and employment, references.
- Write the advertisement around the property’s and contract’s terms, never around the tenant’s personal profile (Art. 1067-A(2)).
- Justify any refusal with an objective fact and keep a record of it — insufficient income, guarantee not provided, missing documentation.
- Respect the caps in Article 1076: a two-month deposit, two months’ advance rent with written agreement.
- Write clear occupation clauses (guests, subletting, number of residents) — this is where you have legal room to manoeuvre.
- Always put the contract in writing (Art. 1069(1)) and confirm the usage licence (Art. 1070(1)).
If you’d rather start from a compliant template, you can generate a free NRAU-compliant lease agreement, with occupation and guarantee clauses already inside the legal limits. Find more guides for landlords in our Aluseg Articles Hub.
FAQ
Can I choose who I rent my property to?
You can choose based on objective criteria linked to performance of the contract — ability to pay, guarantees, documentation. What Article 1067-A(1) of the Civil Code prohibits is discriminating in access to a lease based on sex, ancestry or ethnic origin, language, territory of origin, nationality, religion, belief, political or ideological convictions, gender, sexual orientation, age or disability.
Can I state preferences in the advertisement?
It depends on the content. Article 1067-A(2) prohibits the advertisement or any other publicity from containing “any restriction, specification or preference based on discriminatory categories” that breach paragraph 1. Terms of the deal — rent, guarantees required, documentation, duration — are not covered; preferences based on the personal characteristics listed in the law are. If in doubt, seek advice before publishing.
How much rent can I ask for at the start of the contract?
Article 1076 of the Civil Code sets two caps: advance payment of rent requires a written agreement and cannot exceed two months (paragraph 1); the deposit securing performance of the obligations is capped at the equivalent of two months’ rent (paragraph 2). These limits have applied since 1 January 2023, under Law No. 24-D/2022, of 30 December.
Did the 2026 reform end the deposit limit?
“Free deposits” and advance rent of up to three months are part of the bill approved by the Council of Ministers on 9 July 2026. The two-month cap under Article 1076 remains in force until a new law is published and takes effect — check the state of the legislative process before agreeing to a different amount.
Can I limit the number of people living in the property?
Partially. Article 1093(1) allows anyone in a shared household with the tenant — a category defined in paragraph 2 that includes a de facto partner and relatives or in-laws in the direct line or up to the 3rd degree of the collateral line — to live in the property alongside the tenant, plus a maximum of three guests, “unless the contract states otherwise.” Guests are the one area where you have contractual room to manoeuvre.
Does the lease really have to be in writing?
Yes. Article 1069(1) requires an urban lease agreement to be entered into in writing. Paragraph 2 protects the tenant when it isn’t, for a reason not attributable to them: they can prove the lease existed by any means, by showing use of the property without opposition from the landlord and monthly rent payments for six months.
This article is for informational purposes only and does not constitute legal advice. Whether a particular practice qualifies as discriminatory depends on the specific facts and may involve legislation beyond the Civil Code. For your situation, consult a lawyer (advogado) or solicitor (solicitador).
