Tenant Not Paying Rent — What to Do? Step-by-Step Guide

Your tenant hasn’t paid. The due date passed, there is silence on the other end, and the money is not in your account. This is one of the most stressful situations a landlord can face — and unfortunately, in Portugal, one of the most time-consuming to resolve if you do not act correctly from the start.

This guide gives you a clear, calm, chronological action plan: from the first day of non-payment to the eviction procedure, if it comes to that. Follow each step in order. Every day you delay is a day that costs you money.

Day 1–7: Formal Written Communication

Do not start with a phone call. Start with writing.

Why written communication matters:

Every formal notice you send creates a legal paper trail. Without documentation, you cannot start the eviction procedure, and the court will not take your case seriously. From day one of non-payment, communicate only in ways that can be proved.

What to send:

  • A formal written notice (carta de interpelação) via registered mail (correio registado com aviso de recepção).
  • State the amount owed, the due date it was missed, and a deadline to pay (typically 8–10 days).
  • Keep the postal receipt — this is your proof of delivery.

If you use the AluSeg platform, this notice can be generated and sent automatically, with delivery confirmation logged to your landlord dashboard.

Do not accept excuses, delays, or partial payments that are not documented in writing. A partial payment can complicate your legal position if you later need to invoke non-payment.

Month 1–3: Notice of Contract Termination

If the tenant fails to pay after your formal notice — or pays the arrears but misses the following month — you are now in a non-payment situation under the NRAU.

Legal threshold for termination:

Under Article 1083 of the Portuguese Civil Code, a landlord may terminate the lease and initiate eviction if the tenant has not paid rent for more than 3 months, or has repeatedly been late (at least 4 times in a 12-month period, even if amounts are subsequently paid).

What to do:

  1. Send a formal Carta de Resolução do Contrato (contract termination letter) via registered mail.
  2. State the specific breaches (months unpaid, amounts, dates).
  3. Give the tenant a final 30-day period to vacate voluntarily.
  4. Document everything: dates, postal receipts, any responses from the tenant.

If the tenant responds and pays all arrears before the termination notice takes effect, you are not legally obliged to proceed with eviction — but you are entitled to. Take legal advice on your specific situation.

Month 3+: Special Eviction Procedure (PED)

If the tenant has not vacated voluntarily after your termination notice, it is time to initiate the Special Eviction Procedure (Procedimento Especial de Despejo — PED) at the Balcão Nacional do Arrendamento (BAS).

What is the PED?

The PED is a simplified, administrative eviction procedure introduced in Portugal to speed up the recovery of rented properties. It is handled by the BAS (Balcão Nacional do Arrendamento) and is significantly faster than going to court — typically 3–6 months from filing.

An illustration of a man carrying a house with a coin and a calendar, symbolizing mortgage debt, financial planning, and housing expenses. The playful style highlights the weight of responsibility.

How to initiate the PED:

  1. Submit the request online at basconsultation.mj.pt or in person at any BAS desk.
  2. Attach: signed lease, proof of AT registration, proof of unpaid rent (bank statements showing no deposits), copies of all formal notices sent.
  3. Pay the filing fee (currently around €25–€50).
  4. The BAS serves a formal eviction notice on the tenant, giving them 15 days to oppose.
  5. If the tenant does not oppose within 15 days, the BAS issues an eviction order (título de desocupação).
  6. If the tenant opposes, the case is transferred to the court — but this is rare in genuine non-payment cases.

Typical timelines:

  • Uncontested PED: 3–4 months from filing to eviction order.
  • Contested PED (transferred to court): 6–18 months.
  • Vulnerable tenant protections may extend timelines further.

How to Minimise Losses During the Process

The 3–9 months between non-payment and eviction are expensive. Here is how to reduce the damage:

  • Do not carry out any improvements or maintenance beyond emergency repairs during the dispute.
  • Check whether you have rental income insurance (GLI) — if you do, activate your claim immediately. AluSeg processes claims within 30 days.
  • Continue sending monthly rent demands in writing — this keeps the debt clock running and strengthens your legal case.
  • Keep all receipts for any costs you incur as a result of the non-payment.
  • Do not remove the tenant’s belongings or change the locks — this is illegal self-help eviction and will result in criminal charges against you.

How Long Does Eviction Take in Portugal?

This is the question every landlord asks. The honest answer: it depends.

  • Best case (uncontested PED, no vulnerable tenant protections): 3–5 months.
  • Typical case: 4–8 months from first non-payment to eviction.
  • Worst case (court challenge, vulnerable tenant): 12–24 months.

The most effective way to reduce this risk is to prevent it from happening in the first place — through rigorous tenant screening and rental income insurance.

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