The Special Eviction Procedure (Procedimento Especial de Despejo, PED) is the legal mechanism created in Portugal to speed up the recovery of rented properties in cases of default. It was introduced to get around the slowness of the courts, allowing most evictions for non-payment to be resolved administratively, in months instead of years.
The essentials in 30 seconds
- The PED is faster (3 to 6 months) and cheaper (a fee of €25 to €50) than going through the courts.
- You can use it for unpaid rent, a contract that has ended without the tenant leaving, or termination for breach.
- It is submitted on the BAS online platform; the tenant has 15 days to object.
- With no objection, the eviction order is issued within a few weeks; with an objection, the case goes to court.
This guide explains everything you need to know: what the PED is, when you can use it, how to submit it step by step and what to expect at each stage.
What Is the PED?
The PED (Procedimento Especial de Despejo, Special Eviction Procedure) is a simplified administrative procedure, run by the Balcão do Arrendatário e do Senhorio (BAS, the Tenant and Landlord Desk), that allows the landlord to obtain an eviction order (título de desocupação) without a full court action.
Main features:
- Faster than going to court: typically 3 to 6 months in an uncontested case.
- Cheaper: a submission fee of €25 to €50, with no mandatory lawyer’s fees at the initial stage.
- Available online and in person at any BAS desk.
- Applies to cases of non-payment, expiry of the term and termination of the contract.
When Can You Use the PED?
The PED can be used in the following situations:
1. Unpaid rent
The landlord can start the PED when the tenant has accumulated more than 3 months of overdue rent, or has made at least 4 late payments in a 12-month period (even if the amounts were paid later).
2. End of the contract term without the tenant leaving
When the contract has ended and the tenant refuses to leave, even after the landlord has given the required notice.
3. Termination for breach
When the tenant has breached other clauses of the contract (improper use of the property, unauthorised subletting, works without permission) and the landlord has sent the proper termination notice.
Step by Step: Submitting the PED at the BAS
Documents required:
- A copy of the lease signed by both parties
- Proof that the contract is registered with the Tax Authority (AT)
- Proof of the breach: bank statements showing the absence of payments, copies of notices sent
- Copies of all formal correspondence sent to the tenant (with acknowledgements of receipt)
- The landlord's identity document
- Go to the BAS online platform or visit a desk in person.
- Fill in the eviction request form (available online).
- Attach all the documents listed above.
- Pay the submission fee (€25 to €50, depending on the amount of the rent).
- Keep the case number assigned to you, as you will use it to track the status of the request.
What Happens After Submission
Phase 1 — Notification of the tenant (days 1–15):
The BAS formally notifies the tenant that the PED has been started, giving them 15 days to object or, in the case of non-payment, to pay the overdue rent and the costs of the procedure.
Phase 2a — No objection (the most common case):
If the tenant neither objects nor pays within the 15 days, the BAS automatically issues the eviction order. The landlord can then schedule the eviction with the enforcement agent, who will vacate the property with the help of the authorities, if necessary.
Phase 2b — With an objection:
If the tenant lodges an objection, the case is sent to court. In that event the procedure turns into a normal court action, with longer timescales (typically 6 to 18 additional months). Objections are, however, rare in cases of documented non-payment.
Timelines and Expected Duration
- Uncontested PED: eviction 6 to 8 weeks after the order is issued, for a typical total of 3 to 5 months.
- Contested PED (sent to court): 9 to 18 additional months.
- Vulnerable tenant: may ask for suspension or deferral of the eviction (see “Who cannot be evicted?”), which extends the process.
- Holiday season (August): procedural deadlines are suspended, so expect additional delays.
Costs and Fees
The PED was designed to be accessible to landlords without mandatory legal representation at the administrative stage. However, if the case is sent to court, it is advisable to appoint a lawyer.
- BAS submission fee: €25 to €50
- Enforcement agent (to carry out the physical eviction): €150 to €400, depending on complexity
- Lawyer (court stage, if needed): €500 to €2,000+
Who cannot be evicted? Suspension and deferral of the eviction
No tenant can be put out without an eviction order and without the intervention of an enforcement agent. Cutting off water, electricity or gas to force the tenant out is not a shortcut: it carries a daily financial penalty (art. 13-B of the NRAU). Even with an order, the law provides two protections, which apply to the eviction through article 15-M of the NRAU, referring to articles 863 to 865 of the Code of Civil Procedure (CPC):
- Suspension for acute illness. In a residential let, the eviction is suspended if a medical certificate shows that carrying it out puts at risk the life of a person at the property, because of acute illness. The certificate states how long the suspension lasts (art. 863(3) CPC).
- Deferral of the eviction. The tenant can ask, within the objection period, for the departure to be postponed for “compelling social reasons”. It can only be granted in two situations: (a) if termination was based on non-payment of rent due to the tenant’s lack of means (presumed for anyone receiving unemployment benefit at or below the minimum wage, or the social insertion income); or (b) if the tenant has a disability with a degree of incapacity above 60% (art. 864 CPC).
A deferral is decided urgently (the judge has 20 days) and cannot exceed five months from the date the decision granting it becomes final (art. 865 CPC). The judge also weighs the age, health and economic and social situation of those involved, but age alone is not a ground for the request.
In practice, this means a tenant in difficulty can delay the departure, not prevent the eviction. Allow for that time when planning the case.
Alternatives to the PED
Out-of-court agreement:
In many cases, negotiating directly with the tenant, by proposing a payment plan or an agreed departure, can resolve the situation more quickly and at lower cost than the PED. Always put any agreement in writing.
Eviction action through the courts:
For more complex situations (tenants with special protections, properties not registered with the AT, contracts predating 1990), going through the courts may be more appropriate. Consult a tenancy lawyer in your region.
