A temporary lease agreement is a tenancy with a short term, for example 1 to 3 months, for a reason that justifies the length. Anyone looking for a template wants to know what cannot be missing. This guide explains each clause and ends at the generator, with no files to download.
It is part of our guides to lease agreements.
The essentials in 30 seconds
- Under 1 year, the contract is only valid with a transitory reason in writing (art. 1095(3) of the Civil Code). Without it, it counts as a 1-year lease.
- It needs start and end dates and must say it does not renew automatically.
- The deposit is capped at 2 months' rent.
- Report it to the Tax Authority (Modelo 2) and pay stamp duty of 10% of one month's rent.
When a temporary contract can be used
The Civil Code (art. 1095(2)) sets a minimum of 1 year for fixed-term housing leases. Paragraph 3 of the same article lifts that minimum for non-permanent housing or special transitory purposes, such as professional, education and training, or tourism reasons.
In practice it suits students, seconded workers, internships, tenants whose home is being renovated, or mid-term stays. See the full framework in short-term leases and, for students, in renting to students.
The clauses that cannot be missing
- Parties and property: names, tax numbers (NIF), address and property identification (article number and unit).
- Transitory reason written out in full.
- Start and end dates.
- No automatic renewal.
- Rent, method and day of payment, and how the first and last rent are handled.
- Deposit and conditions for its return.
- Inventory and inspection on entry and on exit.
Transitory reason
This is the decisive clause. If it is missing, the contract counts as made for 1 year. The reason must be specific and true. An illustrative wording (adapt it to your case):
“This contract is made for a special transitory purpose, under article 1095(3) of the Civil Code, to house the tenant while attending course X at institution Y, between the dates set out in the next clause.”
(In Portugal the contract itself is written in Portuguese, so keep the Portuguese wording in the signed version.)
Dates and no renewal
State the start date, the end date and that the contract does not renew automatically, ending on the end date. If the tenant wants to stay longer, you sign a new contract (or an amendment) with a new reason. See our guide to the lease amendment.
Rent: prorated or full-month first and last rent
In a short contract, the first and last rent rarely match whole months. The landlord chooses and writes it into the contract:
| Option | How it works | Example (500 euro rent, 30-day month, move-in on the 16th) |
|---|---|---|
| Prorated | Pay only for the days of occupation | 15 days: 250 euros |
| Full month | Pay the whole month, even if the move-in is mid-month | 500 euros |
What matters is that the option is written down and is the same for the first and the last rent, to avoid arguments at move-out.
Deposit
The deposit is capped at 2 months’ rent (art. 1076(2) of the Civil Code). Write down the amount, how it is handed over and the conditions for its return. Our guide to the rental deposit explains the return and the receipt.
Inventory and inspection
Attach to the contract the entry inventory and inspection, signed by both parties, and agree the exit inspection. Use the inspection and inventory template.
After signing: Tax Authority and receipts
- Report the contract to the Tax Authority with Stamp Duty Form 2 (Modelo 2), by the end of the month after it starts. In the Purpose field (Finalidade), choose "Habitacional (Não Permanente)".
- Pay the stamp duty: 10% of one month's rent.
- Issue the electronic rent receipt for each payment.
- Declare the rent in your income tax return, category F, at the flat rate of 25%.
The details are in registering a lease at Finanças, stamp duty on rentals and the electronic rent receipt guide. If the tenant is a student, the family may be able to deduct part of the rent: see displaced student and IRS.
Generate the contract in minutes
This page explains the clauses; it does not offer a file. To build the contract with your own details, use the lease agreement generator and add the transitory reason and the dates. For a contract of 12 months or more, see the residential lease template. You can sign remotely with electronic signature.
Frequently asked questions
What is a temporary lease agreement?
It is a housing tenancy for less than 1 year, allowed when the lease is for non-permanent housing or a special transitory purpose (art. 1095(3) of the Civil Code), and the reason is stated in the contract.
Can I make a contract for 1 to 3 months?
Yes, as long as the contract states the transitory reason, the start and end dates, and that it does not renew automatically. Without the written reason, the contract is deemed made for 1 year.
Are the first and last rent prorated?
It depends on what is written. The landlord can charge the actual days of occupation or full months. What matters is stating the option in the contract.
Does a temporary contract have to be registered with the Tax Authority?
Yes. It is reported with Modelo 2 by the end of the month after it starts, and stamp duty of 10% of one month's rent is paid. Without registration, the electronic rent receipt cannot be issued.
What is the maximum deposit on a temporary lease?
At most 2 months' rent (art. 1076(2) of the Civil Code), just like on long-term contracts.
Sources: Civil Code, art. 1076 and art. 1095; Stamp Duty Form 2 instructions; CIRS, art. 31.
Note: informational article, not legal advice. Always confirm the current conditions with a professional.
