Rental deposit (caução): what the law says and how to get it back

What the deposit is and what the limit is

The deposit is the security a tenant provides to cover performance of the contract — rent and the condition of the property. Since 1 January 2023 it cannot exceed two months' rent (Código Civil, art. 1076.º, n.º 2, as worded by Lei n.º 24-D/2022). Advance rent, which is a different thing, is capped at two months (art. 1076.º, n.º 1).

Before 2023 the law allowed security «by any of the legally provided forms», with no cap on the amount. For contracts before 1 January 2023, Lei n.º 24-D/2022 has no transitional rule: whether the limit covers them is a matter of interpretation (Código Civil, art. 12.º), not express text.

A cash deposit counts as a pledge (penhor) (art. 666.º, n.º 2): whoever holds it must return it when the secured obligation ends (art. 671.º, alínea c)) — that is, when the contract ends and the property is handed back with no debts or damage.

Note (12 Oct 2026): Proposta de Lei n.º 103/XVII is under discussion in the Assembleia da República; it authorises the Government to revise the rental regime, including removing the deposit cap. It was approved in general on 30 Sep 2026 and is not law. This page will be updated when a text is published in the Diário da República.

What the landlord can deduct

Only what the deposit secures: unpaid rent and damage beyond «the deterioration inherent in prudent use» (Código Civil, art. 1043.º, n.º 1). The tenant answers for damage attributable to them (art. 1044.º); small repairs that are the tenant's responsibility must be done before handover (art. 1073.º, n.º 2).

Normal wear — walls that yellow, floors scratched by use, appliances that age — is not damage and is not deducted.

The decisive point is proof of the condition at move-in. The contract must have attached a document describing the condition of the property (Decreto-Lei n.º 160/2006, art. 3.º, n.º 2). Without it, you are presumed to have received the property in good condition (Código Civil, art. 1043.º, n.º 2) — and it is for you to prove otherwise.

Return deadline: the law sets none

Neither the Código Civil nor the rental regime (Lei n.º 6/2006) sets a deadline to return the deposit. The general rule applies: with no deadline, the creditor can demand performance at any time (art. 777.º, n.º 1).

So the date that counts is not the end of the contract but the day the landlord receives your request: only from then is the landlord in default (art. 805.º, n.º 1) and owes legal interest, today 4 % a year (art. 806.º; Portaria n.º 291/2003).

If the amount is in dispute — the landlord claims damage, the tenant contests — there is no default until the amount is determined, unless the delay is the landlord's fault (art. 805.º, n.º 3).

A request made before handing back the keys does not start default from that date: the deposit can only be demanded after the property is returned (art. 1038.º, alínea i)); in that case the handover date counts.

How to demand it

The law imposes no form for this request: registered letter with delivery receipt is mandatory for termination notices, rent updates and works (Lei n.º 6/2006, art. 9.º, n.º 1), not for the deposit. But it is the simplest proof that the request was received — and the date of receipt is what starts default running.

What to include: identification of the contract and property, date the keys were handed back, deposit amount and amount demanded, IBAN, deadline to pay, and reference to arts. 1076.º, 777.º e 805.º of the Código Civil. Attach a copy of the proof of deposit payment and of the move-in condition document, if there is one.

Send it to the landlord's address in the contract (Lei n.º 6/2006, art. 9.º, n.º 3). Keep the postal receipt and the delivery receipt.

Where to complain if it is not returned

Up to 15 000 €, the lightest route is the Julgado de Paz (justice of the peace court): it has jurisdiction over urban rental claims, except evictions (Lei n.º 78/2001, arts. 8.º e 9.º, n.º 1, alínea g)). You can file in writing or orally (art. 43.º), no lawyer is needed (art. 38.º) and the process starts with mediation; an approved agreement has the force of a judgment (art. 56.º). You choose between the court for the property's location and the one for the landlord's domicile (art. 12.º).

Costs: 70 € for the losing party; if agreement is reached in mediation, 25 € for each party (Portaria n.º 342/2019, checked on 12 Oct 2026).

One caveat: if the contract is a standard form, that is, a contrato de adesão, the Julgado de Paz is not competent for money claims arising from it (art. 9.º, n.º 1, alínea a)). In that case what remains is the ordinary court or the injunção (payment order procedure) (Decreto-Lei n.º 269/98).

Filing the claim interrupts the limitation period (art. 43.º, n.º 8). The general limitation period is twenty years (Código Civil, art. 309.º); even so, do not let the request drag on — evidence disappears much sooner.

Mistakes that cost you the deposit

• Handing over the keys without a record: with no handover date, there is no starting point for the request.
• Not photographing the property on leaving — and, worse, not having the move-in condition document (art. 1043.º, n.º 2).
• Asking «whenever convenient» by message and waiting months: without a request with a date of receipt there is no default and no interest.
• Accepting deductions for normal wear: walls, floors and appliances age with use, and that is not damage.
• Leaving the last rent unpaid «to offset against the deposit»: the deposit does not replace rent, and late payment brings 20 % compensation (art. 1041.º).