Elsa
Lawyer · Lisbon, Portugal
- 640 cases handled · 15 in this service
- 29+ years in practice
- Speaks: English, Portuguese
- Law, Autonoma University Lisbon
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4.88(11 reviews)
Tenant & Squatter Eviction in Portugal
Lawyers for owners in Portugal who need a tenant or an occupier out: the special eviction procedure for ended or unpaid tenancies, the court action, and the separate route against people who never had a contract.
About Tenant & Squatter Eviction in Portugal
Eviction in Portugal (despejo) is the legal way for an owner (senhorio) to recover a property from a tenant (inquilino or arrendatário) who does not pay the rent, whose contract has ended or who breaks it, and from squatters — people occupying a house with no contract at all (ocupação ilegal). Some older lists and lawyer pages call this service “Eviction Services”. This page is for landlords, often living abroad, and for owners who found their holiday home occupied. An owner who changes the locks or cuts the utilities risks a claim in return; the recovery of a home goes through the official procedures described here.
Tenants: how eviction works in Portugal
- The special eviction procedure (procedimento especial de despejo) runs through a national desk rather than a full court case, for clear situations: unpaid rent, a contract that has ended or was properly terminated. It is only open when the tenancy is in order with Finanças — the contract was declared and the stamp duty paid — which is why an undeclared tenancy is hard to enforce.
- The court action (ação de despejo) is the route when the tenant contests, when the special procedure is not available or when the ground is more complex.
- Long-standing tenants of advanced age or with a disability have extra protection, and a tenant may in some cases stop the procedure by paying what is owed. These rules have changed several times; a lawyer confirms the current ones.
Squatters: a different route
The eviction procedure is made for tenancies and does not apply to occupiers who never had a contract. Against them the owner uses civil remedies — an urgent application to recover possession, or a claim to assert ownership — and, since a recent change in the criminal law made occupying another person's property an offence even without violence, a criminal complaint, which can also lead to a court ordering the home returned early in the proceedings. The practice under the new rules is still forming.
What a lawyer does
The lawyer checks the contract and its tax registration, sends the formal notices, chooses between the special procedure and a court action, files it and represents an owner living abroad under a power of attorney. Unpaid rent can be pursued separately — debt collection. Disputes that are not about getting the tenant out — repairs, rent updates, the deposit — are on landlord and tenant disputes; a clear contract from the start is the best prevention, see lease and rental contract review.
Questions and answers
Can I evict a tenant myself?
No. Removing a tenant's belongings, changing the locks or cutting water and power exposes the owner to civil and criminal liability. Only the procedures above end a tenancy against the tenant's will.
My tenant has no written contract. What now?
Portuguese law requires rental contracts in writing, and the special procedure depends on a declared contract. A lawyer looks at what evidence exists and which court route remains open.
How is a squatter different from a tenant who stopped paying?
A tenant had a contract and keeps some rights until it is lawfully ended; a squatter never had the right to be there, so the owner's remedies are about possession and, now, the criminal law.
Do I have to come to Portugal?
No. A power of attorney lets the lawyer act, and most steps are in writing.
4 lawyers who provide Tenant & Squatter Eviction in Portugal
Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.
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Carolina
Lawyer · Lisbon, Portugal
- 366 cases handled · 5 in this service
- 4+ years in practice
- Speaks: Spanish, English, Portuguese
- Law, University of Coimbra
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4.91(11 reviews)
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Goncalo
Lawyer · Lagos, Portugal
- 55 cases handled · 3 in this service
- 7+ years in practice
- Speaks: English, Spanish, Portuguese, French
- Degree in Law, Universidade de Lisboa
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Jorge
Lawyer · Porto, Portugal
- 116 cases handled · 1 in this service
- 9+ years in practice
- Speaks: English, Portuguese
- Law, Coimbra
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5.00(6 reviews)
Contact form · a chat with a lawyer
Talk to a lawyer about Tenant & Squatter Eviction
4 registered lawyers provide this service in Portugal. Describe your situation in a short chat — what happened, where, and how to reach you. Your enquiry is reviewed and passed to a lawyer who handles exactly this kind of case, with no obligation.
We are not just a place to list a profile: we work with every lawyer individually. Each one is registered with a bar association, and their experience, languages and client reviews are shown openly on their card.
Enquiries are answered by lawyers of AdvocateAbroad. This site provides legal information, not legal advice.
What our clients say about our service in Portugal
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This has been a very difficult year for my family and me, and throughout the legal process the lawyer stood by us. His service was impeccable until the very end. He advised us on the course of action that best suited our needs and dealt with every legal aspect of the case in the best possible way. I am totally satisfied with the service I got, and anyone facing a similar situation has my recommendation.
— Colin11 Mar 2024Tenant & Squatter Eviction -
I cannot thank this lawyer enough and am so grateful I found her. She answered my emails extremely quickly and dealt sympathetically with all my concerns in a highly stressful situation. I feel she was excellent value for money, and she handled a complex issue in a calm and professional way that reassured me. When something was unclear she took the time to explain it, patiently and clearly, and recommended the most appropriate course of action. I would not hesitate to recommend her.
— Alex21 Apr 2023 -
From our very first meeting the lawyer understood the situation and offered an excellent strategy going forward, which resulted in the best possible outcome. Highly recommended!
— Spencer27 Jun 2022 -
The lawyer helped me every step of the way, from a frightening set of circumstances to taking the reins and helping me considerably. I would not hesitate to ask for her help again.
— Susie27 Jun 2022 -
A highly professional and pragmatic response. Several outcomes were possible in our case, and dealing with someone who knew the relevant law in depth and also advised us with the wider picture in mind made a refreshing change. Communication was excellent, and I believe the service was good value for money. For all our future legal matters we will certainly keep asking her to represent us and act on our behalf.
— Marcus05 Jul 2021 -
The replies were kind and fast and the advice was good. If I ever need legal advice again, I will certainly contact him. I am pleased with every contact I have had, and very satisfied overall.
— Susanne25 Mar 2021 -
The lawyer was extremely helpful, and no request was too much trouble. He is very friendly as well, and his manner puts you at ease at once. I would use him again, and my sister is also a client of his. Anyone looking for a lawyer fluent in English and Spanish (and Italian) who handles legal matters professionally and without delay should get in touch with him, and I strongly recommend doing so.
— Suzanne28 Oct 2020 -
Very relaxed, not uptight, and all very good.
— Raymond18 Sep 2020 -
Confident, articulate, concise and polite. I have used eleven lawyers so far, and all of them pale beside him. One of my cases lasted 12 years, so I think I know a little about this gloomy trade. The best rise to the surface. I am happy, thank you.
— Wayne01 Sep 2020 -
The lawyer is a true professional: super efficient and completely fluent in English. He helped me with a difficult legal matter, took all the stress out of the situation and provided a pragmatic path to resolution, which is precisely what you need from a lawyer. The service I received was first class, and I cannot think of any area that could have been improved.
— Tony05 Aug 2020 -
The lawyer is excellent. The necessary information about my case was collected and verified, she was understanding and responsive, and she explained my options and provided the appropriate solutions, in perfect English. The promised results were delivered on time. I definitely recommend her to my friends.
— Michel30 Jun 2020 -
The lawyer gave an excellent service throughout. In our first phone consultation she set out our legal position and options clearly. She then handled the resolution of our property dispute efficiently and updated us regularly by e-mail. We are very satisfied with the result and would definitely recommend her to friends.
— jake01 Jun 2020