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What types of lease contracts are there? Find out

21 MEI 2024
Onderwerpen
Imóveis Impostos Inquilinos Lojas Rendas Senhorios Terrenos Casas para arrendar Seguro Renda
There are several types that you should know, whether for commercial purposes, rural exploitation or housing purposes.
What types of lease contracts are there? Find out
Source: Freepik
Author: Redaction

In Portugal there are three main types of lease agreements that follow their own guidelines. In a lease process, in which there are obligations and duties, both for the landlord and the tenant, it is essential to ensure compliance with the law, and for this, to know exactly each of the three types and what they are for.

If you already know the types of lease agreements that exist and are looking for more information about obligations, information that should be included in the contract or how to prepare one, step by step, we suggest reading the following article, to help you in the steps: How to make a lease step by step

Then get to know the rules, as well as the exceptions, and make renting an easy and simple process for you.

As we told you above, there are three types of rental contracts in Portugal:

1. Housing lease agreement
2. Commercial Lease Agreement
3. Rural Lease Agreement

Get to know each of these in greater detail

1. Housing lease agreement

As the name indicates, this type of contract presupposes the rental of permanent housing, being one of the most practiced in Portugal. In it, the landlord gives the tenant the use and enjoyment of a property, and can be concluded in a certain period, with a defined duration between 1 to 5 years, or indefinitely, that is, without setting a pre-established deadline.

Thus, with variables that must be defined and agreed between the parties involved, the housing lease assumes that the landlord provides the property in conditions of habitability, being responsible for the necessary repairs during the contract period.

In some situations it may be the landlord who is responsible for paying water, electricity and electricity expenses, however, this is a more common situation in renting rooms.

The tenant is responsible for the payment of rent, condominium fees, if applicable, and consumption of water, electricity and gas.

Responsibilities and rights

The landlord
    • You have the right to access the property for surveys and works, provided that at previously agreed times;
    • Must receive the monthly rent agreed in the contract;
    • May require payment of condominium fees and water, electricity and gas consumption;
    • You can terminate the contract at the end of the defined term or with prior notice, from 3 to 6 months, in case of contract for an indefinite period and provided that you comply with the legal requirements.

The tenant
    • Must pay the rent within the established deadlines;
    • You are obliged to keep the property in a good state of conversation and deliver it to the landlord at the end of the contract under the same conditions;
    • Assumes responsibility for the payment of condominium fees and consumption of water, electricity and gas;
    • You must allow the landlord access to the property for inspections and works;
    • May require works or repairs necessary for the habitability of the property;
    • You can terminate the contract at any time, provided that with notice of 3 to 6 months and within the legal requirements.



2. Commercial lease agreement

In the business world, this type of contract assumes a fundamental role, because it will be through it that the landlord gives the tenant the use of a space for, as the name implies, commercial or industrial purposes.

This agreement can boost the economic growth of the geographical area where the property is located and, with regard to the duration of the contract, it must be agreed in advance, and may be in due time or indefinitely.

Responsibilities and rights

The landlord
    • You must deliver the property in working condition, with infrastructure appropriate to the commercial or industrial activity of the tenant;
    • allow the tenant to access the property for the execution of the works necessary for commercial exploitation;
    • Must receive the monthly rent agreed in the contract;
    • May require payment of condominium fees and water, electricity and gas consumption;
    • You can terminate the contract at the end of the defined term or with prior notice, from 3 to 6 months, in case of contract for an indefinite period and provided that you comply with the legal requirements.

The tenant
    • May require works or repairs necessary for the activity of the property;
    • Must pay the rent within the established deadlines;
    • You can terminate the contract at any time, provided that with notice of 3 to 6 months and within the legal requirements.

Essential documents

For this type of contract you will need the identification document of the tenant, the landlord and, if applicable, the guarantor, but also the Commercial Registry Certificate, the Land Registry Certificate and the Use License.


3. Rural rental contract

In rural regions, this type of contract can represent a development of agriculture, livestock or forestry, because it is through this contractual agreement that the spaces for exploitation of rustic buildings are provided. Thus, this type of contract includes areas of land and/ or housing of the tenant, buildings that are intended for purposes proper to the farm or livestock, such as stables, mills, haystacks or wineries, as well as permanent non-forest vegetation, such as fruit trees.

It is a contract that must have a minimum term of 7 years, with the possibility of renewal for an equal period, and is exempt from the payment of stamp duty, unlike the housing lease contract.

Responsibilities and rights

The landlord
• Must receive the monthly rent agreed in the contract;
• May require payment of condominium fees and water, electricity and gas consumption (if applicable);
• You may terminate the contract at the end of the defined term or with notice of 1 year, in the case of an indefinite contract and provided that you comply with the legal requirements;
• It must allow the tenant to access the property for the execution of the works necessary for commercial exploitation.

The tenant
• Must operate the property sustainably and following good agricultural, forestry or livestock practices;
• May require works or repairs necessary for the habitability of the property;
• You can terminate the contract at any time, provided that with notice of 3 to 6 months and within the legal requirements.

Information that cannot be missing in this type of contract

It is necessary to fully identify the contracting parties, namely the tax identification number and residence, or tax office, but also the complete identification of the building to be rented, with information about the purpose for which it is intended, the value of the rent and the date of conclusion of the contract.



In any of the types of contract, it is essential that you fulfill your rights and obligations, carefully reading the clauses defined before proceeding with the signature of the same. Ensure a harmonious relationship, whether landlord or tenant, and if in doubt seek professional advice.
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