In Portugal, the termination of a lease agreement by the landlord and opposition to automatic renewal of the contract are subject to specific deadlines, as established in the Civil Code.
Termination of the Contract by the Landlord
According to Article 1101 of the Civil Code, the landlord may terminate the lease agreement with a fixed term for the following specific purposes, observing different rules of prior notice and compensation:
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Need for Own Housing:
The landlord (or their first-degree descendant) may terminate the contract (Art. 1102 of the CC), but termination can only occur after the minimum legal term of 3 years (Art. 1102, no. 2, of the CC). The advance notice period is identical to the opposition to renewal period (see below)
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Demolition or Deep Remodeling/Restoration Works:
The contract may be terminated if there is a need for demolition or deep works that require the property to be vacated. The minimum advance notice period is 2 years from the date of vacating and implies payment of compensation to the tenant (Art. 1101, paragraph b, of the CC).
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Advance Notice Period:
The termination must be communicated to the tenant with a minimum advance notice of five years from the date on which the landlord intends the contract to cease.
Opposition to Automatic Renewal
According to Article 1097 of the Civil Code, the landlord may oppose the automatic renewal of the contract, by notifying the tenant, with the following minimum advance notice in relation to the end of the term or renewal:
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240 days:
For contracts with a duration equal to or greater than 6 years.
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120 days:
For contracts with a duration equal to or greater than 1 year and less than 6 years.
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60 days:
For contracts with a duration equal to or greater than 6 months and less than 1 year.
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After one third of the initial duration:
For contracts with a duration of less than 6 months.
Furthermore, the first opposition to contract renewal by the landlord only takes effect after three years have elapsed since the contract was signed (the minimum legal duration period), unless the opposition is based on termination due to need for own housing or demolition/deep works, which have their own rules (Art. 1097, no. 3, of the CC).
These deadlines and conditions aim to balance the rights and duties of both the landlord and the tenant, protecting the right to housing and ensuring the stability of lease agreements.