Can the landlord evict me?
Conditional: the landlord can never evict you on their own — they always need a court ruling or a BAS title. The framework is the NRAU (Law 6/2006) and the Civil Code. Grounds include: non-payment (termination after 2+ months' arrears, usually with a chance for the tenant to cure), opposition to renewal with notice, the landlord's or a descendant's own use, and major works/demolition (with rehousing and compensation). The notice periods for opposition to renewal vary: 240 days (contracts ≥6 years), 120 days (1–6 years), 60 days (6–12 months). Elderly (65+) or disabled tenants resident 15+ years have lifelong protection. In short: only with a court ruling or BAS title, and with legal grounds.
📋 The rules
- Eviction only with a court ruling or BAS title
- Non-payment: termination after 2+ months in arrears
- Opposition to renewal: notice of 60 to 240 days
- Own use / major works: with rehousing
- Elderly 65+/disabled with 15+ years: lifelong protection
🔓 Exceptions
- Tenant can cure non-payment (rent + 50% surcharge)
- Pre-1990 contracts: special protection
- Procedure runs through the BAS (replaced the BNA in 2024)
⚠️ Penalties & fines
Self-help eviction is a crime: changing locks, cutting water or power can be home invasion (Penal Code art. 190), coercion (art. 154) or arbitrary exercise of one's own rights — call the police and file a criminal complaint. Lawful eviction goes through the court or the BAS (Tenant and Landlord Desk), which replaced the BNA in 2024. Beware a myth: the idea of "give X days and change the lock" is false in Portugal (a Brazil/US-style self-help model). Don't import Brazil's Tenancy Law. To protect your rights: if you receive an eviction notice, check the grounds and notice; if there's non-payment, you can often cure it; and if the landlord uses force, report it, because it's a crime.
📎 Official sources
❓ Frequently asked
Can the landlord evict me on their own?
No. The landlord can never evict a tenant on their own initiative. A court ruling or an eviction title obtained through the Tenant and Landlord Desk is always required. Changing locks, cutting water or power to force you out is a crime, not a valid eviction.
What are the grounds for eviction?
The main grounds are non-payment, as a rule after two or more months' arrears, opposition to renewal of the contract with the due notice, the landlord's or a descendant's own use, and major works or demolition, in which case there's a right to rehousing and compensation.
What notice must they give me?
For opposition to renewal, the notice varies with the contract's duration: 240 days for contracts of 6 years or more, 120 days for 1–6 years and 60 days for 6–12 months. For own use or works, denunciation typically requires at least 6 months' notice.
Can I avoid eviction for non-payment?
Often, yes. In case of non-payment, the tenant can usually end the default by paying the arrears plus a 50% surcharge, within the legal deadline. This keeps the contract. There are limits on how many times you can use this cure.
Am I protected if elderly or disabled?
Yes. Tenants aged 65 or over, or disabled, who have lived in the home for 15 years or more, have lifelong protection: they can't be removed by opposition to renewal or denunciation. Only in cases of demolition or major works, always with a right to rehousing, may they have to leave.
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