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.
• Execute all conservation works, whether ordinary or extraordinary, required by law or the contract's purpose, unless otherwise stipulated.
• Maintain the property throughout the tenancy in the conditions existing at the time of the contract's celebration.

The landlord's specific repair responsibilities include:

• Ordinary Conservation: Interior painting, general cleaning to maintain habitability, fixing leaks, and maintenance of electrical panels.
• Extraordinary Conservation: Works necessitated by construction defects, fortuitous events, or force majeure.
• 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 negligence.
• Window and door replacement: The landlord is responsible for replacing windows and doors when they have structurally failed due to normal aging.

Important: Under Art. 1074 CC, the landlord is responsible for ordinary conservation works, which includes interior painting and cleaning necessary to maintain the property in the condition required for its intended use, unless the contract specifically stipulates otherwise. These are not statutory tenant duties.

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

Article 1043 of the Civil Code requires the tenant to:

• Maintain and return the property in the state in which it was received, except for deteriorations inherent to a prudent use (normal wear and tear).
• Use the property with the prudence of a good family head (bom pai de família).
• Bear responsibility for repairs only if damage was caused by imprudent use or negligence (Art. 1044 CC).

The tenant's maintenance scope is limited to:

• Using the property in a way that prevents avoidable damage.
• Minor tasks that do not fall under "ordinary conservation" (which is the landlord's duty).
• Rectifying damage caused by the tenant's own negligence or misuse.

3. Tenant's Right of Substitution for Urgent Repairs (Art. 1036 CC)

If the landlord fails to carry out necessary repairs, Portuguese law grants the tenant a right of substitution under Article 1036 of the Civil Code:

• Urgent Repairs: If the landlord is in default (mora) regarding urgent repairs that do not allow for judicial delays, the tenant may perform them extrajudicially and is entitled to reimbursement.
• Extremely Urgent Repairs: If the repair is so urgent it cannot tolerate any delay, the tenant may act immediately without the landlord being in default, provided they notify the landlord simultaneously.
• Rent Offset: The tenant has the statutory right to offset the verified cost of these repairs against future rent payments (Art. 1036, n.º 3 and Art. 1074, n.º 3).

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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