There are two possible reasons why you are reading this article. Either a landlord has asked you for a guarantor so that you can proceed with an application for a home, and you want to understand whether that is normal, whether you can refuse, or what to do if you have nobody available. Or it is the other way round: someone has asked you to be their guarantor (a son or daughter, a nephew or niece, a close friend) and before you sign you want to know exactly what you are committing to.
This article answers both situations: what a guarantee (fiança) is, the clause that most surprises people who sign without reading, whether the landlord can demand a guarantor and a security deposit at the same time, what precautions to take before agreeing to be a guarantor, and what alternatives exist when nobody is available. All based on the law currently in force in Portugal, not on proposals yet to be approved.
The essentials in 30 seconds
- The guarantor secures the tenant's obligations with their own assets (fiança, arts. 627 ff. of the Código Civil, the Civil Code).
- The clause that surprises: the waiver of the benefit of prior enforcement (benefício da excussão prévia), which lets the landlord go directly after the guarantor's assets.
- A guarantor + a security deposit can be demanded at the same time; the legal limit of 2 months' rent applies only to the deposit.
- Always check whether the guarantee also covers renewals, as it can extend the commitment by years.
What a guarantor is in a lease
The guarantor is the person who secures, with their own assets, performance of the tenant’s obligations if the tenant fails to comply with the lease. This mechanism is called a guarantee (fiança) and is based on the Civil Code, from article 627 onwards. In practice, the guarantor signs the lease itself, or an annex dedicated to the guarantee, and becomes liable, in the terms of the clause, normally for overdue rent, charges under the contract and damage caused to the property.
It is easy to confuse a guarantor with a security deposit, but they are different things:
| Security deposit | Guarantor | |
|---|---|---|
| What it is | A sum of money handed over by the tenant at the start of the contract | A person who secures performance with their own assets |
| Legal limit | up to 2 months’ rent (article 1076(2) of the Civil Code) | There is no legal limit on the number of guarantors that can be required |
| When it answers | Already in the landlord’s hands from the start | Only called upon if the tenant fails to comply |
| Can it be required together with the other? | Yes | Yes |
To understand in detail how the deposit works and how you can protect yourself as a tenant, see also security deposits and guarantees in rentals.
What the guarantor really signs
The most important clause, and the one most often signed without understanding its scope, is the one dealing with the guarantor’s liability. By law, a guarantee is naturally subsidiary: before being able to demand payment from the guarantor, the landlord should first try to collect from the tenant, exhausting the tenant’s assets. This protection is called the benefit of prior enforcement (benefício da excussão prévia, article 638 of the Civil Code).
Another point causes confusion and has no single answer: does the guarantee cover only the initial term of the contract, or the subsequent renewals as well? The answer is always in the clause itself. Many contracts expressly extend the guarantee “to the initial term and its renewals”, which can extend the guarantor’s commitment by several years beyond the signing date. Always check this point in the text you are about to sign, without assuming anything in advance.
Before you sign as a guarantor, ask for the draft contract in advance, not just on the day of signing, and check in the guarantee clause:
- Whether there is a waiver of the benefit of prior enforcement (that is, joint and several liability).
- Whether the guarantee covers only the initial term or the renewals as well.
- Exactly which obligations it secures: overdue rent, damage, expenses, or all of these.
- Whether a maximum amount is set or whether the guarantee is, in practice, unlimited.
Can the landlord demand a guarantor? And a guarantor + a deposit?
Yes. There is no law in Portugal that obliges an applicant to provide a guarantor, but there is none that prevents the landlord from requiring one as a condition of signing the contract either: freedom of contract applies. Asking for a guarantor is, in fact, considered an objective and legitimate criterion, provided it is applied in the same way to all applicants. What is not allowed is to demand it only from certain groups, for example only from foreigners.
And a guarantor plus a deposit at the same time? Also yes. Nothing in the law limits the number of guarantees a landlord can ask for. What the law limits is only the amount of the security deposit, to two months’ rent (article 1076(2) of the Civil Code). In practice, a contract can lawfully add up, at the same time, the first month’s rent, up to 2 months in advance, up to 2 months’ deposit, and a guarantor as well, without any of this being unlawful.
It is worth mentioning a bill approved by the Council of Ministers in July 2026, which provides for a “free deposit” with no such limit. This change is not yet law, as it depends on approval by the Assembleia da República (the Portuguese Parliament) and publication in the Diário da República (the official gazette), and until then the current limit of 2 months’ rent remains. We follow the proposal in detail in New Rental Regime 2026.
Risks and precautions before agreeing to be a guarantor
Being a guarantor is not a courtesy signature: it is a real financial commitment, which can last for years and which is only felt in full when something goes wrong. Before you agree, it is worth going through this list:
- Know the tenant and their situation well. You are guaranteeing another person's behaviour throughout the whole contract, with no control over how they will manage their own finances in the future.
- Read the whole contract, not just the guarantee clause. The amount of the rent, the duration and the renewal conditions define the exact size of what you are guaranteeing.
- Calculate the total amount you are exposed to. It is not just the monthly rent: add possible overdue rent and any damage to the property, depending on what the clause covers.
- Always ask for a copy of the signed contract, with your part of the guarantee included, so that you can later confirm exactly what you committed to.
- Follow the payments throughout the contract, instead of waiting to be contacted by the landlord. The sooner you learn of a delay, the sooner you can act.
None of these precautions guarantees that nothing will go wrong, but they reduce the chance of being surprised by a debt you were not counting on.
No guarantor? The alternatives
Do you have nobody available to be your guarantor? It is not the end of your application. In Portugal there are alternatives accepted by landlords and agencies (strengthening the deposit up to the legal limit, providing a bank guarantee, or taking out rent insurance), which we explain in detail, with approximate costs, in How to rent a house without a guarantor. If you are hesitating between rent protection insurance and a guarantor, compare the two options in rent insurance vs. guarantor.
There is also a simpler alternative, which often reduces the demand for a guarantor before that conversation even takes place: a complete, well-documented application. A landlord asks for a guarantor mainly because they have no easy way of assessing the risk of an unknown applicant. Proven income, a clear employment situation and a history with previous landlords reduce that uncertainty at the very first contact. That is what the Aluseg digital tenant dossier is for: you fill it in once and share it with any landlord through a link, with full control over what each one sees.
Frequently asked questions
Can the guarantor withdraw halfway through the contract?
It is not a decision the guarantor makes alone. The guarantee is a commitment taken on at signing, and being released from it before the end of the term, or of a renewal, depending on the clause, normally depends on the landlord's agreement, for example with a substitute guarantor or another equivalent guarantee. In this situation, the safest course is to re-read the guarantee clause in your specific contract and clarify your options with a lawyer before communicating anything to the landlord.
Where does the guarantor sign the contract?
As a rule, the guarantor signs the lease itself, or an annex dedicated to the guarantee, with full details. The essential thing is to confirm which document you are going to sign (ask to read it before the day of signing) and always to keep a complete copy, including the guarantee clause and your signature.
What income should a guarantor have?
There is no legal rule on a guarantor's minimum income. Each landlord sets their own criterion. In practice, a logic similar to the tenant's is often applied, but it is the landlord's criterion, not a requirement of the law. The supporting documents requested are usually the same: payslips, an income tax return or, for the self-employed, recibos verdes (freelancer receipts).
Is a foreign guarantor acceptable?
Legally, nothing prevents a guarantor from being foreign, as the guarantee does not depend on nationality. In practice, however, many landlords prefer a guarantor resident in Portugal, whose income or assets can actually be pursued in the country. It is for that practical reason, not a legal one, that applicants without a guarantor resident in Portugal are often asked instead for a bank guarantee or rent insurance.
What happens to the guarantor if the tenant does not pay?
It depends on the clause signed, so it is worth re-reading the contract. If the guarantee includes a waiver of the benefit of prior enforcement, as is the case in most contracts, the landlord can demand payment directly from the guarantor as soon as the tenant defaults, without first exhausting the tenant's assets. Without that waiver, they should in principle try to collect from the tenant first.
A stronger application calls for fewer guarantees
Whichever side you are on, preparing to be a guarantor or looking for an alternative, a pattern repeats itself: landlords ask for a guarantor when they cannot easily assess an applicant’s risk. A complete dossier, with identity, income and documents in a single profile, reduces that uncertainty at the very first contact, and it is often what makes the difference between needing a guarantor or not. The Tenant Passport is free for tenants: you fill it in once and share it with any landlord through a link.
