You have moved out, handed back the keys and asked for your rental deposit (caução). Your landlord says they will return it later—or has stopped replying. What can you actually do in Portugal?
Quick answer: A Portuguese rental deposit is security for obligations, not money the landlord automatically gets to keep. Check your contract, ask for a written breakdown of any deductions, assemble your proof, send a documented demand for repayment, and, if necessary, consider a Julgado de Paz claim. There is no universal legal rule that every residential deposit must be refunded within 30 days. The facts and contract matter. Diário da República explains the purpose of a caução.
This guide is for ordinary residential rentals in Portugal, including many apartment and room arrangements. Tourist accommodation, informal lodging and particular contract structures may require different analysis. For broader housing rules, start with our tenant rights in Portugal guide.
The 5 steps to get your rental deposit back
- Check the lease and final balance. Find the caução clause, agreed refund date, proof you paid it, any unpaid rent or bills and the date you returned possession.
- Preserve the handover evidence. Save move-in and move-out pictures, videos, the inventory, messages, rent transfers and proof of key return. Do not edit originals.
- Request the money and deductions in writing. Ask what amount will be returned, when, and what evidence supports any amount withheld. Give your IBAN.
- Send a formal demand if ignored. Use the Portuguese template below. Registered post with acknowledgement of receipt gives stronger proof of delivery; keep an email copy too.
- Escalate the unresolved amount. Check whether a Julgado de Paz can take the case, or obtain legal advice about an ordinary civil claim if it cannot.
If you have already waited weeks: Start at step 3 or 4 rather than repeatedly asking by WhatsApp. Do not threaten criminal proceedings merely to collect a civil debt.
Can a landlord legally keep your deposit in Portugal?
Sometimes, but only to cover an obligation that is actually due under the agreement and applicable law. A deposit can secure obligations such as rent that remains unpaid or damage beyond normal, careful use. It is not automatically a cleaning charge, a penalty for moving out or the landlord’s income.
Under Civil Code Article 1076(2), the usual statutory maximum caução under the current rules is the equivalent of two rents. Advance rent is a different payment; Article 1076(1) separately addresses up to two months paid in advance by written agreement. Check the law in force when your agreement was made rather than assuming a newer limit retroactively rewrites an old lease.
The Diário da República’s explanation of rental deposits is particularly useful: the security should be returned when there is no need to use it to cover a secured obligation.
| Landlord’s explanation | What to check before accepting it |
|---|---|
| ”You scratched or broke something” | Compare condition at move-in and move-out; ask what was damaged and for repair evidence |
| ”The walls need painting” | Ordinary ageing and careful use are not the same as unusual stains or damage |
| ”The apartment needed cleaning” | Ask what was left unclean, what the contract required and how the cost was calculated |
| ”You did not give enough notice” | Check the termination route and any rent legitimately due for insufficient notice |
| ”I haven’t rented it to someone else” | Vacancy alone is not an automatic right to confiscate a deposit; ask for the contractual/legal basis |
| ”I will refund it when I feel like it” | Check any agreed timing and demand a clear date and explanation in writing |
Normal wear and tear versus damage
Civil Code Article 1043(1) generally requires the tenant to return the property in the condition in which it was received, except for deterioration resulting from prudent use. Article 1044 deals with loss or damage for which the tenant may be responsible. Read Article 1043.
Example: Some gradual fading or ordinary minor wear after several years may be consistent with normal use. A broken door caused by misuse or a burn mark may be a different case. There is no reliable universal price list of permissible deductions: the condition, cause, contract and evidence matter.
Important evidence trap: Article 1043(2) presumes the property was delivered in a good state of repair if the parties did not document its initial condition. That can make an unsigned or missing move-in inventory a problem for the tenant. Old listing photos, messages describing pre-existing defects and dated videos may help explain the true starting condition.
Ask for an itemised statement, dated photos and relevant quotations or invoices. A landlord’s one-line claim that “the repairs cost €1,000” does not answer what happened or why you owe it. But do not assume that the absence of an invoice automatically wins your case; a court evaluates the available evidence.
How many days does the landlord have to return the caução?
Do not rely on the widely repeated “30-day law”. Portugal’s general Civil Code provisions on rental deposits do not establish a single 30-day return deadline for every residential lease.
First inspect your contract. It may say, for example, that the landlord has an agreed period after the handover and settlement of utilities to calculate deductions. If there is no clear term, request repayment promptly and offer a reasonable deadline such as 14 calendar days in your demand letter. That 14-day period is a deadline you are proposing, not a statutory refund period.
If the landlord claims to be waiting for a final utility invoice, ask which bill, which service period, the expected date and why the entire deposit must be held rather than just a defensible amount. A disputed €80 charge does not by itself explain why a landlord is withholding €1,500 without an accounting.
What proof do you need if the landlord refuses to pay?
Create one folder with: the signed lease and annexes; the deposit bank transfer or receipt; rent payments; the move-in inventory; original dated move-in and move-out photos or videos; any final inspection; utility statements; notices ending the lease; proof of returning the keys; your IBAN request; and all subsequent messages.
For WhatsApp, keep the full chat export or original messages as well as screenshots. If the agent handled the handover, save their confirmations. Note the exact date the landlord received the keys. If a roommate or neighbour saw the property at handover, write down their name and what they can personally confirm.
No photos? You can still pursue the claim. Start with proof of payment and handover, messages confirming that the property was satisfactory, the original listing and witnesses. Be candid about gaps in evidence rather than reconstructing a false inventory.
Portuguese deposit refund demand letter (copy and send)
Send an initial email or message if relations are cooperative. If the landlord ignores you, a carta registada com aviso de receção (registered letter with acknowledgement of receipt) creates a stronger record. Use the landlord’s contract address or the most recently valid communicated address, and keep the posting receipt, delivery evidence and a signed copy.
Legal distinction: Article 9 of the urban tenancy regime prescribes formalities for legally required communications about lease termination, rent updates and works. It does not mean that every informal message asking for a deposit back is automatically invalid. Nevertheless, formal registered delivery is sensible if court proceedings become necessary. NRAU Article 9.
Assunto: Solicitação de devolução da caução — contrato de arrendamento de [morada]
Exmo.(a) Senhor(a) [nome do senhorio],
O contrato de arrendamento relativo ao imóvel situado em [morada completa] terminou em [data]. Entreguei as chaves e restituí o imóvel em [data], conforme [auto de entrega/mensagem/comprovativo, se aplicável].
No início do arrendamento, paguei uma caução no valor de €[valor], em [data], conforme comprovativo anexo.
Solicito a devolução do valor de €[valor pedido] para o IBAN [IBAN], no prazo de 14 dias de calendário após a receção desta carta. Este prazo é solicitado para resolução amigável da situação.
Caso considere existir algum montante a deduzir, agradeço que, dentro do mesmo prazo, apresente uma discriminação escrita dos valores e dos respetivos fundamentos, acompanhada dos documentos comprovativos disponíveis (por exemplo, fotografias, orçamentos ou faturas).
Na ausência de pagamento ou de uma resposta fundamentada, ponderarei recorrer aos meios legais adequados, incluindo o Julgado de Paz competente, quando aplicável.
Com os melhores cumprimentos,
[Nome completo]
[Morada para correspondência]
[Data]
[Assinatura]
If some deductions are genuinely agreed, change €[valor pedido] to the undisputed balance and state which deduction was accepted. Do not claim the full amount if you already agreed in writing to a lawful offset.
Landlord still ignoring you? Julgados de Paz, cost and filing
A Julgado de Paz is a Portuguese peace court that can resolve qualifying civil disputes through mediation, conciliation or judgment. Its competence includes urban tenancy disputes other than eviction and claims up to €15,000. It is often a sensible route when a former landlord will not return a deposit. Official filing guide.
| Question | Official position |
|---|---|
| Maximum value | €15,000 for claims within its jurisdiction |
| Ordinary court cost | €70, generally borne by the losing party (possibly split if each side partly loses) |
| If mediation succeeds | €50 total, ordinarily €25 per party |
| How to start | Relevant Julgado de Paz’s office, accepted postal/email channels, or RAL+ where supported |
| Lawyer | Usually not compulsory at the first stage, but exceptions apply, including some vulnerable/language circumstances and appeals |
| Timing | No guaranteed resolution date; the Ministry of Justice reported an average of six months for cases concluded in 2024 |
Practical filing sequence:
- Find the competent Julgado de Paz and confirm it covers the property/dispute and parties; do not assume the nearest office is automatically competent.
- Prepare a short chronology: lease signed, caução paid, move-out, keys returned, amount demanded, any deductions alleged and attempts to recover it.
- Include the relevant contract, bank proof, photos, registered letter and landlord’s responses. State the exact amount sought and the basis for it.
- Use the available filing channel. The official RAL+ online platform requires eligible digital authentication, normally Cartão de Cidadão or Chave Móvel Digital.
- Attend the proceedings or arrange representation as applicable; seek legal assistance if you cannot participate effectively in Portuguese.
Important local exception: The official government page says RAL+ is not yet available for Julgados de Paz in Lisbon, Porto or Vila Nova de Gaia. For these, submit through the court’s accepted in-person, postal or email route instead. Check current instructions before filing. Where and how to file.
If the claim exceeds €15,000, the competent peace court is unavailable, or the tenancy has unusual legal complications, ask a Portuguese lawyer about the correct civil-court route. If you cannot afford legal costs, check the official apoio judiciário scheme; eligibility is means-tested.
Three problems tenants actually report — and what they teach
These are self-reported experiences, not verified court decisions. They show recurring obstacles and questions; Portuguese law and the evidence in an individual case remain decisive.
- The landlord goes silent: In a 2024 PortugalExpats discussion, a former tenant described a registered lease, substantial advance notice, WhatsApp communication and then silence after departure. Lesson: Preserve proof of the termination notice and switch to a documented demand rather than relying only on chat messages.
- Large and small deposits can both stall: A 2025 community account described prolonged delays over deposits of €700 and €6,000. The poster said repayment followed a lawyer’s registered letter accompanied by a video. Lesson: Organised condition evidence and a clear letter can matter; the reported outcome is not guaranteed for others.
- Deductions can be unrelated to damage: In a September 2026 Portuguese-language thread, a tenant reported that the owner wanted to retain money because of an expectation the tenant would stay longer and the inconvenience of showing the property. Lesson: Ask for the actual legal or contractual obligation supposedly unpaid, not a vague claim of inconvenience.
Other 2026 tenant discussions include people saying that a summons from a Julgado de Paz helped secure a refund. This is a reason to understand the procedure, not a promise that a summons always works.
Four mistakes that can cost you the claim
1. Treating the deposit as last month’s rent. A caução and prepaid rent are not the same thing. Unless the landlord explicitly agrees in writing or you have case-specific legal advice, do not withhold the final rent. That can create an actual debt to set against your deposit.
2. Ignoring the notice rules. If you leave a fixed-term lease early, Civil Code Article 1098 may make you liable for rent corresponding to missing notice, subject to the exact legal route and exceptions. Do not assume leaving early automatically forfeits the whole deposit, or that the landlord cannot claim anything. Check Article 1098.
3. Refusing to hand back keys until refunded. This can create a separate dispute about whether you returned possession on time. Instead, document the handover and follow the correct dispute route.
4. Using the wrong authority. A tax report to Finanças can be relevant if the lease or receipts were not declared, but it is not itself a deposit-recovery judgment. Similarly, the Balcão do Arrendatário e do Senhorio (BAS) has specialised eviction and rental-injunction procedures; do not assume it processes every ordinary refund claim. Police are not a substitute for a civil debt claim, although threats, violence or suspected criminal fraud should be assessed separately.
Special situations: rooms, unregistered contracts and agency-managed rentals
You rented a room: Keep proof of the person who took the deposit and what exactly you rented. A normal residential room sublease, a temporary room licence and tourist accommodation can involve different facts and legal routes. Check who the contracting counterparty is before naming a defendant.
The lease was never registered: You may still have evidence of an arrangement and the money paid. Gather bank transfers, receipts, ads, messages and proof of occupation; obtain tailored advice about enforceability and the correct claim. Tax noncompliance and refund obligations are separate questions. See our guide to renting in Portugal as a foreigner.
The landlord lives abroad or an agency handled everything: Use the real contracting party and reliable service address. A property manager may help communicate, but the correct person or company to pursue depends on the contract, payment and agency authority. Do not assume the agent who showed you the property is automatically liable.
Before you move out next time
Agree a joint inspection, take an uninterrupted video of each room and appliances, photograph meter readings, settle or document utility bills, get a signed key-handover note and ask the landlord to confirm the proposed refund date and IBAN in writing. These simple records can avoid months of arguing about what was already damaged.
Bottom line: Your next step is not to argue harder in WhatsApp. It is to turn the missing caução into a clearly documented money claim: how much you paid, what you returned, what the landlord says is owed, and why you disagree. Start with the Portuguese letter above; if it fails, use the official Julgados de Paz guide to evaluate an enforceable recovery route.
Last verified: 25 October 2026. This guide provides general legal information, not personalised legal advice. For disputed termination dates, unclear contracts or a threatened counterclaim, consult a qualified Portuguese lawyer.