You are about to let a flat, move out of a rented home or sell. Each time the same question comes up: do the walls need painting, and who pays? Portuguese law has no rule that says “paint before handing over”. It does have rules on the condition in which a home is handed over and returned, on works and on hidden defects. This guide brings those rules together, with the articles we read, and says what remains unconfirmed.
Updated 3 November 2026. General information, not a substitute for legal advice.
The short version
- None of the articles we read requires you to paint before letting or selling. What counts is the condition of the home and what was put in writing.
- The landlord hands over the home and ensures the tenant can use it (Article 1031 of the Civil Code, Código Civil). Upkeep works are the landlord’s, unless agreed otherwise (Article 1074(1)).
- The tenant returns the home as received, apart from wear from careful use (Article 1043(1)).
- Without a document describing its condition, the home is presumed to have been handed over in good repair (Article 1043(2)). A check-in report with photos protects both sides.
- The deposit (caução) can be up to two months’ rent (Article 1076(2)).
- Painting to hide damp before a sale is risky: the buyer can claim for the defect, and special rules apply where there is deceit (Articles 253 and 913 to 916).
Before letting: the landlord’s side
The landlord has two basic duties: hand over the property and ensure the tenant can use it for its purpose (Article 1031). If the property has a defect that prevents that use, and the defect already existed at handover, the contract is treated as not performed, unless the landlord proves they were unaware of it through no fault of their own (Article 1032).
Article 1074(1) puts on the landlord all upkeep works, ordinary or extraordinary, required by law or by the purpose of the contract, unless agreed otherwise. The law does not say whether repainting is always an upkeep work. A wall with mould, or paint flaking because of damp, is an upkeep problem. A wall whose colour has simply faded is less clear.
Serious mould and damp. The NRAU, the urban tenancy law (Lei n.º 6/2006), lets a tenant formally require the landlord to fix defects in the home or in the building’s common parts that pose a serious risk to health or safety (Article 13-B). The tenant can also ask the municipality (câmara municipal) for an inspection, which must take place within 20 days. If the landlord does not respond within 30 days, the law provides for an injunction and a penalty of 20 euros a day. Whether a given mould problem is a “serious risk” is judged case by case. Before letting, deal with the cause: see mould on walls and damp walls: the three types.
During the tenancy: may the tenant paint?
The law separates two things.
- Minor damage needed for comfort, such as holes for hanging pictures, is allowed. But the tenant must repair it before returning the home, unless agreed otherwise (Article 1073).
- Works may only be done by the tenant if the contract allows it or the landlord authorises it in writing (Article 1074(2)). The exception is urgent repairs under Article 1036.
Painting a room a different colour is not named in the law. The safest course is to ask for written permission and agree, on the same paper, whether the wall goes back to its original colour at the end. Communications about works that the law requires are made in a signed letter sent by registered post with proof of delivery, or handed over in person with a signature on the copy (Article 9 of the NRAU).
If a damp patch appears, the tenant must tell the landlord at once (Article 1038(h)). Keeping quiet can count against the tenant when the tenancy ends.
At the end: condition of the home and the deposit
When the contract ends, the home must be returned with the repairs that fall to the tenant (Article 1081(1)). The tenant answers for damage that is not wear from careful use, unless it comes from a cause the tenant is not responsible for (Article 1044).
| Wall condition | Normally | Article |
|---|---|---|
| Paint worn or yellowed by normal use over the years | May be treated as wear from careful use | 1043(1) |
| Holes from pictures and shelves | Tenant repairs before leaving, unless agreed | 1073(2) |
| Scuffs, stains, walls damaged by careless use | Tenant is responsible | 1038(d) and 1044 |
| Colour changed without permission | Tenant is responsible | 1074(2) and 1044 |
| Stains from a leak in the building or from a neighbour | Cause not attributable to the tenant | 1044 |
The deposit can be up to two months’ rent (Article 1076(2)). The articles we read do not say how or when it is returned. That depends on the contract, so read that clause before you sign.
Check-in report checklist
- Photograph every room at check-in and check-out, with dates: walls, ceilings, corners, windows.
- Write down the state of the walls: fresh or used paint, stains, holes, cracks, signs of damp.
- Both sign it and each keeps a copy.
- Record in writing any permission to paint or drill.
- At check-out, compare with the check-in report before discussing the deposit.
If you are repainting between tenants, the calculator gives the area and litres, and the guide which paint for each room helps you pick a washable paint for busy areas.
Before selling
Here too, none of the articles we read requires you to paint. A painted home may show better, but paint does not change what the seller owes the buyer.
If the property sold has a defect that lowers its value or prevents its use, the rules on sale of defective goods apply (Article 913). The buyer can demand repair, unless the seller was unaware of the defect through no fault of their own (Article 914). For property, the buyer must report the defect within one year of discovering it and within five years of handover (Article 916(3)). That report is not needed if the seller acted with deceit, dolo (paragraph 1). Article 253 defines dolo as any trick used to lead or keep someone in error, including hiding that error.
In practice, painting over a damp stain without fixing the cause does not remove the defect. If the stain returns after completion, the buyer has these time limits to act. The safest course is to fix the cause, keep the repair invoices and tell the buyer what was done. To see why paint fails on damp walls, read peeling paint, bubbles and stains. For the cost of painting before listing, see interior painting cost.
Energy certificate. According to the SCE portal, the energy class must appear in sale and rental adverts, based on a valid certificate, and the certificate number must be recorded in the deed (Decreto-Lei n.º 101-D/2020). Interior painting does not change this.
VAT on the paint job. The reduced 6% rate of item 2.27 of List I of the VAT Code (CIVA) needs a lived-in home. According to the tax authority’s Ofício-Circulado n.º 30135, a home that is empty before or after the work, for example because it will be sold or let, is as a rule left out. The conditions and the one exception are in the guide on interior painting cost.
What we could not confirm
- Whether painting is always a “work” under Article 1074(2). The law does not say. Ask for written permission.
- Whether paint worn after years is always normal wear. It depends on the length of the tenancy, the use and the starting condition. We did not read court decisions on this.
- Who pays for condensation mould when landlord and tenant disagree about ventilation. It depends on the cause and we found no specific rule.
- How and when the deposit is returned. It is not in the articles we read.
- Rules for older tenancies signed before the NRAU. This guide follows the Civil Code now in force.
Sources (read on 3 November 2026)
- Diário da República, Código Civil, consolidated version (Decreto-Lei n.º 47344): Articles 253, 913, 914, 916, 1031, 1032, 1036, 1038, 1043, 1044, 1073, 1074, 1076 and 1081.
- Diário da República, Lei n.º 6/2006, de 27 de fevereiro, Novo Regime do Arrendamento Urbano (NRAU), consolidated version: Articles 9 and 13-B.
- ADENE, Energy Certification System for Buildings (SCE), Perguntas frequentes: sale and rental adverts and deeds. Decreto-Lei n.º 101-D/2020 cited through the SCE, not read directly.
- Autoridade Tributária, Ofício-Circulado n.º 30135, 26 September 2012, “Verba 2.27 da Lista I anexa ao CIVA”, read in the copy published by AICCOPN.