Commercial Eviction Process in Portugal (Non-Residential Leases)
Legal procedures for evicting a commercial (non-residential) tenant in Portugal under the NRAU: termination grounds, mandatory Purga da Mora right-to-cure period, BAS filing process, and correct notice periods.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
The eviction of a commercial (non-residential) tenant in Portugal — covering offices, retail units, restaurants, warehouses, and industrial premises — is governed by the New Urban Lease Regime (NRAU, Law No. 6/2006, which came into force on 28 June 2006, as amended) and the Portuguese Civil Code. Commercial tenancies are distinguished from rural leases (arrendamento rural, governed by Decree-Law No. 294/2009) and from residential tenancies. The applicable legal term is arrendamento para fins não habitacionais.
Self-help eviction — changing locks, cutting utilities, or removing a tenant's belongings without a court order or BAS enforcement — is illegal under Portuguese law and exposes the landlord to civil damages and criminal liability.
1. Grounds for Termination of a Commercial Lease
Commercial Eviction Process in national
Confirm Valid Termination Ground
Verify that the reason for termination is legally recognised under the NRAU or the lease contract. Common grounds: non-payment of rent, breach of permitted use, unauthorised works, abandonment of the licensed commercial activity, or contract expiry with valid notice.
Allow Purga da Mora (Right to Cure) for Monetary Defaults
For non-payment defaults, Art. 1084 of the Civil Code grants the tenant a Purga da Mora — a statutory right to cure the arrears before termination is finalised. The tenant may pay the outstanding rent plus interest within one month of receiving the termination notice to invalidate it.
Serve Written Termination Notice
If the default is not cured, or the ground is non-monetary (breach, prohibited use, expiry), serve a formal written termination notice by registered post or notarial service.
File with BAS for Special Eviction Procedure (PED)
If the tenant refuses to vacate, file the eviction request with the Balcão do Arrendatário e do Senhorio (BAS) — the exclusive body for the Special Eviction Procedure (PED/IMA) since February 2024 (Portaria No. 49/2024).
BAS Notifies Tenant
The BAS notifies the tenant, who has 15 days to oppose or pay any remaining balance. If no valid opposition is filed, the BAS issues the title for vacation.
Enforcement with Bailiff
The vacation title is executed by enforcement agents. If the tenant still refuses, police assistance can be requested.
The NRAU recognises the following grounds for a commercial landlord to terminate a lease:
- Non-payment of rent or charges for three or more consecutive months, or four non-consecutive times in any 12-month period.
- Unauthorised structural works — modifications to the premises carried out without landlord consent that permanently alter the property.
- Abandonment of the licensed commercial purpose — closing the business for more than one year without justification, thereby abandoning the commercial use for which the lease was granted.
- Subletting without consent where the lease prohibits it.
- Opposition to lease renewal — a landlord may oppose automatic renewal by serving notice within the contractually and legally required periods.
Important — Rural Leases are Separate: Leases for agricultural land and rural exploration (arrendamento rural) are not governed by the NRAU. They are subject to Decree-Law No. 294/2009 and have different termination procedures. The NRAU applies exclusively to urban premises.
2. The Purga da Mora: Tenant's Right to Cure (Art. 1084 CC)
A statutory protection frequently overlooked in commercial eviction planning is the Purga da Mora under Article 1084 of the Civil Code. For rent arrear defaults:
- Upon receiving the landlord's termination notice, the tenant has the right to cure the default (pay all outstanding rent plus applicable interest) within one month of receiving the notice.
- If the tenant successfully exercises the Purga da Mora, the termination notice is invalidated and the lease continues.
- A landlord must account for this right-to-cure period before proceeding to BAS enforcement.
3. Opposition to Lease Renewal: Notice Periods
When a commercial landlord wishes to oppose the renewal of a non-residential lease, the required notice periods depend on the contractual term:
- Lease duration 6 or more years: Minimum 240 days advance notice before expiry.
- Lease duration 1 to 6 years: Minimum 120 days advance notice before expiry.
- Lease duration less than 1 year: Minimum 60 days advance notice before expiry.
Notice must be served by registered letter or notarial service. Email alone may not satisfy the service requirements.
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