Cockroach Infestation, Pressured Early Move-Out and Withheld Deposit: Tenant Rights in Lisbon

The tenant is legally entitled to occupy the property until April 30.

Under the Novo Regime do Arrendamento Urbano (NRAU) and the Código Civil, rent paid monthly in advance grants occupancy rights for the full paid period. The landlord has no legal basis to require the tenant to vacate one day before the end of the paid rental period simply because a new tenant is arriving. The landlord's scheduling problems with a new tenant are not the current tenant's legal responsibility.

The landlord has an obligation to maintain habitable conditions.

Article 1031.º of the Código Civil establishes that the landlord must maintain the property in a condition suitable for its agreed use throughout the tenancy. A persistent cockroach infestation that renders the kitchen and shared areas practically unusable constitutes a breach of this obligation. Under article 1040.º, if part of the property becomes unusable, the tenant is entitled to a proportional rent reduction for the affected period. The tenant's requests for this reduction are legally well-founded.

The deposit cannot be withheld as leverage for early departure.

Under Portuguese law, the deposit (caução) can only be retained by the landlord to cover unpaid rent or damage caused by the tenant beyond normal wear and tear. Conditioning the return of the deposit on the tenant vacating one day earlier than legally required is unlawful. This constitutes improper pressure and potentially a form of coercion.

Prepaid rent for a period the tenant does not occupy must be returned.

If the tenant moves out before the end of June, the prepaid rent for June (or the portion the tenant is not using) must be reimbursed. The landlord cannot retain rent for a period during which the tenant is no longer occupying the property.

Refusing written confirmation before move-out is a serious red flag.

While there is no express statutory provision forcing a landlord to provide a written exit agreement days in advance, refusing to do so is legally risky for the tenant and constitutes bad faith conduct. Under Portuguese contract law (Código Civil, article 762.º), both parties must act in good faith in performing and winding down contractual obligations. Insisting on signing only at the moment of key handover — with no prior written guarantee — exposes the tenant to the risk of the landlord immediately reneging on verbal commitments.

The tenant has the right to use common areas.

Using shared spaces such as the hallway, shoe rack area, or patio is part of normal residential use. The landlord cannot unilaterally prohibit this use during a valid tenancy.