Unpaid Rent — What to Do in the First 30 Days

The rent hasn’t hit your account. The tenant isn’t answering the phone. You are losing money with each passing day — and every mistake you make now will cost you later. Take a deep breath. Here is exactly what to do, day by day, in the first four weeks.

Day 1: Try Informal Contact

Before sending any formal letter, try a quick and informal contact: text message, WhatsApp, or a simple email. Something like:

‘Good morning [Nome], the rent for [mês] hasn’t arrived yet. Can you confirm if everything is okay? Thank you.’

Why start informally?

Because sometimes it’s simply a genuine oversight, a technical issue with the transfer, or a momentary difficulty that resolves itself in hours. If the tenant responds and pays, you save yourself the entire formal process.

Important:

If the tenant does not respond within 24 to 48 hours, or if they ask for an extension without committing to a specific date, move immediately to the next step. Do not waste more than 2 to 3 days in this phase.

Day 3–5: Formal Warning Letter (Template Included)

This is the most important piece of the entire sequence. Without this letter, you cannot start the eviction process later.

What the letter must include:

• Date and complete identification of the parties (name, address, NIF)
• Reference to the tenancy agreement (date of signature, property tax article)
• Outstanding amount (rent value and the respective month)
• Deadline for payment — usually 8 to 10 days from the date of the letter
• Warning that, in case of non-payment, legal action will be taken as stipulated in the NRAU

How to send:

Send by registered mail with acknowledgement of receipt (AR). Keep the postal receipt and the AR when it arrives — they are proof that the letter was sent and received. Do not send only by email (it can be disputed).

If you use the AluSeg platform, you can generate this letter automatically and send it with registered digital confirmation.

Week 2: Contract Termination Letter

If 8 to 10 days have passed since the warning letter and the tenant has neither paid nor responded with a concrete commitment, it is time to take the next step: the contract termination letter.

What it means:

The termination letter is the formal notification that you consider the contract terminated due to the tenant’s breach, and that it grants them a period (usually 30 days) to voluntarily vacate the property.

Legal basis:

Article 1083 of the Civil Code allows the landlord to terminate the contract for non-payment of rent. The termination must be communicated to the tenant in writing — and this letter constitutes that formal communication.

How to send:

Again, by registered mail with acknowledgment of receipt (AR). Keep everything. This letter is the document you will attach to the Special Eviction Procedure (PED) request at the National Tenancy Counter (BAS).

Week 3–4: Legal Consultation

If the tenant has not paid, has not responded, or responded but failed to comply, it is time to consult a lawyer or solicitor specializing in tenancy — especially if:

• The tenant opposes the termination of the contract and claims they are in the right
• The tenant may benefit from special protections (vulnerable, disabled, elderly)
• There are doubts about the validity of the contract or its registration with the Tax Authority (AT)
• The tenant has carried out unauthorized alterations or caused significant damage

A legal consultation at this stage can save you months of litigation and thousands of euros in procedural errors.

Next Steps: PED or Insurance?

If you do not have rent guarantee insurance:

The next step is to initiate the Special Eviction Procedure (PED) at the National Tenancy Counter (BAS). Consult our complete guide on the PED to learn how to do it step by step.

If you have rent guarantee insurance (GLI):

Report the claim to your insurer — ideally before sending the termination letter, so the process remains synchronized. With AluSeg, the claim report is done online in less than 5 minutes, and the first payment arrives in 30 days.

What not to do (under any circumstances):

• Do not change the locks — it is a crime of taking the law into your own hands.
• Do not shut off the electricity, water, or gas — it is illegal and may result in criminal charges against you.
• Do not remove the tenant’s belongings without a court order.
• Do not accept partial payments without a written agreement regulating them — this can complicate the legal process.