The Eviction Process in Portugal: BAS and the Special Eviction Procedure (PED)

Evicting a residential tenant in Portugal requires strict compliance with the New Urban Lease Regime (NRAU, Law No. 6/2006) — which came into effect on June 27, 2006 — as significantly amended by the Mais Habitação package (Law No. 56/2023). Most importantly, the administrative body responsible for handling evictions was restructured in February 2024: the former Balcão Nacional de Arrendamento (BNA) was replaced by the Balcão do Arrendatário e do Senhorio (BAS) under Portaria No. 49/2024 (effective February 16, 2024).

Self-help eviction — changing locks, cutting utilities, or removing tenant belongings — remains strictly illegal under Portuguese law regardless of the tenant's breach. A court or BAS order is always required.

Valid Grounds for Eviction

Under the NRAU and the Civil Code (Article 1083), a residential landlord can only unilaterally terminate the contract for the following legally recognised grounds:

1. Non-payment of rent (Article 1083, No. 4 & 5): If the tenant fails to pay for two or more months, or falls into arrears more than four times in a 12-month period (even briefly, exceeding 8 days each time).
2. Major remodelling works (Article 1101, b)): Where projects approved by the local City Council require the tenant to vacate. Strong tenant protections apply, including compensation obligations and alternative housing periods.
3. Landlord's own use (Article 1101, c)): The landlord may request the property for their own permanent residence or for a descendant's residence, provided they have owned the property for more than 2 years and do not own another suitable property in the same municipality.
4. Serious breach of lease (Article 1083, No. 2): Including unauthorised subletting, deliberate property damage, or illegal use of the premises.

Updated Notice Periods: Law 56/2023 (Mais Habitação)

Law No. 56/2023 amended the notice periods for a landlord's opposition to lease renewal (Civil Code Article 1097):

These periods are mandatory minimums. Notice must be served by registered letter or via notarial service.

Enhanced Protections: Elderly and Disabled Tenants

Law 56/2023 and Article 1107 of the Civil Code significantly strengthened protections for vulnerable tenant groups. Landlords face strict limitations on their ability to terminate leases for:

• Elderly tenants (aged 65 or over) who have resided in the property for more than 15 years.
• Tenants with a disability of 60% or greater who have resided for more than 15 years.

For these groups, termination for personal use or major works is subject to enhanced judicial scrutiny and may only proceed under exceptional circumstances.

IHRU Social Vulnerability Intervention

A significant innovation introduced by Law 56/2023 is the IHRU intervention mechanism. In eviction cases where the tenant demonstrates social vulnerability, the Institute for Housing and Urban Rehabilitation (IHRU) may:

• Pay up to 3 months of accumulated rent arrears directly to the landlord during the eviction proceedings.
• This payment satisfies the immediate arrears and may halt the eviction while the social situation is assessed.

Landlords should be aware of this mechanism as it can delay eviction timelines in social vulnerability cases.

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