Landlord Maintenance and Works in Portugal: Rights and Obligations

The division of maintenance and repair responsibilities in Portuguese residential tenancies is governed primarily by Article 1074 of the Civil Code (landlord's obligation to maintain the leased property) and Article 1043 of the Civil Code (tenant's duty of prudent use). This framework is reinforced by the Novo Regime do Arrendamento Urbano (NRAU), established by Law No. 6/2006 (effective from 28 June 2006), and the Mais Habitação package (Law 56/2023).

1. Landlord's Non-Transferable Repair Obligations (Art. 1074 CC)

Under Article 1074 of the Civil Code, the landlord is obligated to:

• Deliver the property in a state fit for the agreed use.
• Maintain the property throughout the tenancy in that condition.
• Execute all necessary works to preserve the property's structural integrity and fitness for habitation.

The landlord's specific repair responsibilities include:

• Structural elements: Load-bearing walls, foundations, ceilings, and the building's general structure.
• Roof and external works: Roof repairs, facade maintenance, damp-proofing, and insulation of exterior walls.
• Major plumbing and drainage: Internal pipework (water supply and sewage) where the failure is not caused by the tenant's misuse.
• Gas installations running through walls or shared building infrastructure.
• Window and door replacement: The landlord is responsible for replacing windows and doors when they have structurally failed due to normal aging or weathering. This is a capital works responsibility and cannot be contractually transferred to the tenant without explicit agreement.

Important: The landlord is not responsible for general repainting as a routine maintenance task during the tenancy. Under Art. 1043 CC, minor aesthetic maintenance — including periodic repainting resulting from normal use — is the tenant's responsibility. External facade repainting is a condominium-level responsibility, typically funded through the condominium's maintenance budget.

2. Tenant's Maintenance Responsibilities (Art. 1043 CC)

Article 1043 of the Civil Code requires the tenant to:

• Use the property with the prudence of a good family head (bom pai de família).
• Bear responsibility for deterioration arising from normal, prudent use.
• Carry out minor maintenance to keep the premises in the condition received.

The tenant's maintenance scope includes:

• Painting and decorating interior walls when they deteriorate through normal everyday use.
• Minor plumbing maintenance (unclogging drains, replacing tap washers).
• Maintaining locks, door handles, and window seals.
• Replacing light bulbs and minor electrical fittings (switches, sockets — not in-wall wiring).

3. Tenant's Right of Substitution for Urgent Repairs

If the landlord fails to carry out urgent structural repairs after being formally notified in writing, Portuguese law grants the tenant a right of substitution:

• The tenant may arrange the repair at their own expense using documented market-rate quotes.
• The verified cost is then deducted from future rent payments over successive months.
• Full documentary evidence (registered letters, invoices, photos) is required to exercise this right.

Law 56/2023 (Mais Habitação) reinforced tenant protections relating to maintenance-linked evictions, ensuring that a landlord cannot use minor maintenance disputes as a pretext for eviction of protected tenant groups.

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