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Choosing a tenant is not the same as discriminating — but the frontier is written in the law and it is convenient to know it. The Article 1067 of the Civil Code prohibits discriminating in accessing the lease due to a set of personal characteristics, and goes further: it prohibits the ad Contains restrictions, specifications, or preferences based on these categories.
On the other hand, objectively assessing the ability to pay remains legitimate — within harsh limits: Security deposit up to two laces and Anticipation up to two months, under the terms of Article 1076. This guide draws the line: what you can ask for, what you can’t write and where are the ceilings that the law imposes.
The essentials in 30 seconds
- The Article 1067-A, no. 1, prohibits discriminating in access to leasing by sex, ethnic origin, language, nationality, religion, age, disability and other personal characteristics.
- The No. 2 Extends the ban to the ad: just publish the preference to violate the norm.
- still able to demand Proof of income, guarantees and written contract — objective criteria, applied to all equally.
- ceilings of Article 1076: Security deposit ≤ 2 lace and Anticipation ≤ 2 months with written agreement — as long as a new diploma does not change them.
What article 1067-A prohibits
Paragraph 1 is emphatic: “No one can be discriminated against in access to the lease due to sex, ascendancy or ethnic origin, language, territory of origin, nationality, religion, belief, political or ideological convictions, gender, sexual orientation, age or disability.”
The protected factors, which are worth having gifts when you write an ad or respond to a candidate:
- sex and gender
- Ascendancy or ethnic origin
- Language
- origin territory
- Nationality
- religion and belief
- political or ideological convictions
- sexual orientation
- Age
- Deficiency
The ads: Where most landlords stumble
Article 1067-A no. provided in the previous number.”
Practical reading: Formulate the ad requirements around the business conditions — Income value, required guarantees, documentation to be presented, intended duration, rules for the occupation of the property — and never around people’s characteristics. Whenever a requirement can only be translated into one of the factors of paragraph 1, it is within the risk perimeter of the norm.
In case of doubt about writing an ad, ask for advice before publishing. And before reaching the ad, define the process: the Checklist to choose the tenant helps to establish objective criteria in writing, and the Candidate Dossier Analysis Checklist shows how to apply them to everyone equally.
What can (and cannot) demand
| Practice | Framework | legal grounds |
|---|---|---|
| ask for proof of income and professional bond | objective solvency assessment; is not one of the categories enumerated in the law | Outside the cast of Art. 1067.º-A, no. 1 |
| require guarantor or other warranty | admitted — the parties can guarantee the fulfillment of the obligations | Art. 1076, no. 2, CC |
| demand security | Maximum: 2 laces | Art. 1076, no. 2, CC |
| demand advance rents | only with a written agreement and for a period not exceeding 2 months | Art. 1076, no. 1, CC |
| demand a written contract | not only can but should — is the legal form | Art. 1069, no. 1, CC |
| Limit the number of guests | possible but just by express clause in the contract | Art. 1093, no. 1, b), CC |
| prevent people from resided in common savings with the lessee | the law expressly admits its residency | Art. 1093, paragraphs 1, a), and 2, CC |
| Refusing by nationality, ethnic origin, religion, age, disability, sexual orientation… | Prohibited | Art. 1067.º-A, no. 1, CC |
| Post ad with preference based on these categories | Prohibited | Art. 1067.º-A, no. 2, CC |
| pressure the lessee to vacate the property | Prohibited — Harassment in the lease | Art. 13.º-A of Law No. 6/2006 |
Ceilings that cannot exceed: security deposit and anticipation
The Article 1076 of the Civil Code It has only two numbers, but it sets the money it can ask for its head:
- No. 1 — ‘The payment of the rent can be anticipated, if there is a written agreement, for a period not exceeding two months.»
- No. 2 — ‘The parties may guarantee, in any of the legally provided forms, the fulfillment of the respective obligations, up to the amount corresponding to two laces.»
These limits have been in force since January 1, 2023, introduced by the State Budget Law for 2023 (Law no.
Note that paragraph 2 speaks of guaranteeing “in any of the legally provided forms”: the ceiling concerns the guarantee, does not prevent other guarantees such as the guarantee, which follows its own regime. For the design of guarantees, see our guide on Security deposit and guarantees before renting.
And when does income expire?
It is worth fixing this in the contract, because the supplementary rule surprises a lot of people. The Article 1075, no. 2, determines that, in the absence of a convention to the contrary and the rents being in correspondence with the months of the Gregorian calendar, “the first will be expired at the time of the conclusion of the contract and each of the others in the 1st working day of the immediately preceding month to the one to which it concerns». The October income is due, by default, on the first working day of September.
Who can live in the property
Another point where the good intention of the landlord comes up against the law. The Article 1093, no. 1, allows, in addition to the lessee, to reside in the building:
- a) — «All who live with him in a common economy»;
- b) — «A maximum of three guests, unless otherwise stated».
Paragraph 2 clarifies those who always consider themselves in a common economy: the person who lives in a de facto union with the lessee, their relatives or the like in the straight line or up to the 3rd degree of the collateral line — “even if they pay some retribution” — and the people regarding the which there is a legal or negotiating obligation of coexistence or food. Paragraph 3 defines guests as the persons to whom the lessee “provides housing and usually provides services related to it, or provides food, upon remuneration”.
Form and Requirements: The written contract is not optional
The Article 1069, no. 1, is short: “The urban lease agreement must be entered into in writing.” And paragraph 2 explains why it is the landlord who loses the most with informality: in the absence of a reduction to writing «that is not attributable to the lessee», he “may prove the existence of a title in any way admitted in law, demonstrating the use of the leased by the lessee” without opposition from the landlord and the monthly payment of the respective income for a period of six months».
Six months of accepted payments are enough for the lessee to prove a lease that was never signed — with all the legal protections associated.
add the Article 1070, no. 1: ‘the urban lease can only fall on places whose suitability for the end of the contract is attested by the competent authorities, namely through a license to use, when required. Confirm the license before advertising, not after signing. And, when the contract is signed, proceed to the next step of the route: Register the Contract in Finance for the next 30 days.
Harassment in the lease: an autonomous prohibition
The Article 13-A of Law No. 6/2006 prohibits harassment from lease or sublease, defining it as “any illegitimate behavior of the landlord, whoever represents it or of a third party interested in the acquisition or commercialization of the leased, which, with the aim of causing the eviction of the same, disturbs, embarrasses or affects the dignity of the lessee, sub-tenant or people who legitimately reside in the leased environment, subject them to an intimidating, hostile, degrading, dangerous, humiliating, destabilizing environment or offensive, or seriously prevents or seriously impairs the access and enjoyment of the leased”.
The rule covers the behavior of the landlord, whoever represents it and also of third parties interested in the acquisition or sale of the property — which is particularly relevant in the processes of sale or rehabilitation of buildings with tenants. Service cuts, works used as pressure or insistent visits are exactly the type of conduct that this Standard aims at. The correct ways to end a contract are in the law; See our guide Relationship with tenants without conflicts.
Checklist: Defensible selection criteria
- Set the criteria before seeing candidates and apply them to everyone equally. Written criteria and uniforms are the best defense against any charges.
- Use ratios, not impressions. A limit of income/yield effort is objective, verifiable and neutral.
- Ask everyone for the same documentation — Identification, NIF, proof of income and bond, references.
- write the announcement about the conditions of the property and the contract, never on the tenant’s personal profile (art. 1067-A, no. 2).
- Justify refusal by objective fact and keep the registration — insufficient income, warranty not provided, documentation missing.
- Respect the ceilings of article 1076: Two security deposit rents, two months of anticipation with written agreement.
- Write the occupation clauses (guests, sublease, number of residents) — This is where it has a legal margin.
- Always reduce the contract in writing (art. 1069, no. 1) and confirm the license to use (art. 1070, no. 1).
If you want to start from an already conforming basis, you can generate a lease agreement for free according to the NRAU, with the occupation and guarantee clauses already within the legal limits. more guides for landlords in Aluseg Articles Hub.
FAQ
Can I choose who I rent my house from?
You can choose based on objective criteria linked to the fulfillment of the contract — ability to pay, guarantees, documentation. What Article 1067-A, paragraph 1, of the Civil Code prohibits, is to discriminate against access to leasing by reason of sex, ascendancy or ethnic origin, language, territory of origin, nationality, religion, belief, political or ideological convictions, gender, sexual orientation, age or disability.
Can I write preferences in the ad?
It depends on the content. Article 1067a, paragraph 2, prohibits that the advertisement or other advertising will contain ‘any restriction, specification or preference based on discriminatory categories’ violating paragraph 1. Business conditions — income, guarantees required, documentation, duration — are not covered; preferences based on the personal characteristics enumerated in the law are. If in doubt, seek advice before publishing.
How many rents can I ask for at the beginning of the contract?
Article 1076 of the Civil Code sets two ceilings: the anticipation of the payment of the rent requires a written agreement and cannot exceed two months (paragraph 1); The guarantee of the fulfillment of the obligations is limited to the amount corresponding to two rents (No. 2). These limits have been in force since January 1, 2023, pursuant to Law No. 24-D/2022, of December 30th.
Has the 2026 reform ended the security deposit limit?
The “free security” and the anticipation of up to three rents are included in the draft law approved by the Council of Ministers on 9 July 2026. Confirm the state of the legislative process before agreeing a different amount.
Can I limit the number of people living in the property?
partially. Article 1093, paragraph 1, admits that all those who live in a common economy with it reside in the leased, in addition to the lessee, who live in a common economy — a category defined in paragraph 2, which includes the de facto unit and relatives or affines in the straight line or even the 3rd degree of the collateral — and a maximum of three guests, «except for the contrary clause». It is about the guests that it has a contractual margin.
Does the contract really have to be written?
Yes. Article 1069, paragraph 1, determines that the urban lease agreement must be concluded in writing. And paragraph 2 protects the lessee when it is not because of a reason not attributable to him: he can prove the existence of a title by any means, demonstrating the use of the leased without opposition from the landlord and the monthly payment of the income for six months.
This article is for information purposes only and does not constitute legal advice. The qualification of a practice as discriminatory depends on the concrete facts and may involve legislation beyond the Civil Code. For your case, consult a lawyer or solicitor.
