Illegal occupation of houses in Portugal: What the Law Says and How the Eviction Process Works

Sep 25, 2025
3 min read

Illegal occupancy of properties is an increasingly common problem in Portugal, both in urban and rural areas. Whether it's a tenant refusing to leave after the contract ends or an abusive entry into a property without any prior agreement, the owner often finds themselves unsure how to proceed. In this article, we explain, based on current legislation, how the legal process for vacating a property works .

What constitutes an illegal or abusive occupation of a house?

Illegal or abusive occupation of a house occurs when someone remains on a property without a valid title justifying their possession . This can happen in two main scenarios:

Occupancy after contract termination – such as a tenant who continues to live in the property after the lease has ended.
Entry without any legal basis – such as forced occupations or invasions by strangers.

What can a property owner do in the case of an illegal occupation?

Portuguese law does not allow property owners to take justice into their own hands —even if they are the rightful owners of the property. This means that changing locks, cutting off water/electricity, or directly evicting occupants can be considered illegal acts. The correct course of action always involves the appropriate legal means for the specific situation .

1. Tenant who remains in the property

In these cases, there are two main routes:

Special Eviction Procedure (PED)

A faster and more economical solution available at the Tenant and Landlord Service Desk (BAS) . The PED can be used when:

There is a valid written lease agreement;
The stamp duty has been paid;
The contract ended by mutual agreement, expiration, termination, or late payment of rent.

If there is no objection from the tenant, the eviction can be ordered without judicial intervention.

Eviction Lawsuit

More common in complex cases or when the PED (Preliminary Eviction Procedure) is not applicable. This action is processed in court and applies, for example, when the lease has ended due to violation of hygiene, peace and quiet rules, or condominium regulations . It is more time-consuming and expensive, but necessary in many contexts.

2. Illegal occupation without any legal basis.

If the property has been occupied by strangers without any contract, the owner can resort to:

Claim of Ownership

It is a legal action in which the owner demands the return of the property , demonstrating their ownership and the illegitimate occupation. It can be lengthy, but it is the correct course of action for anyone who needs to reclaim a usurped property .

Precautionary Measure for Provisional Restoration of Possession

If there was violent dispossession (occupation with physical or moral violence), the owner can use this mechanism to try to recover the property quickly, before the court's final decision . It is necessary to prove:

Who is the rightful owner;
That there was violence during the occupation;
There is a risk of irreversible damage if the urgent measure is not granted.

Can the owner act on their own behalf?

No. Even if the owner is certain of their rights, they cannot invade, evict, cut off services, or threaten the occupants . This could backfire on them and even lead to criminal liability.

Conclusion

Illegal occupation of house in Portugal always requires a legal, structured approach tailored to the type of occupation . Whether through the PED (Special Eviction Process), eviction proceedings, property recovery, or precautionary measures , property recovery goes through the judicial system.

In MG Desokupa helps property owners act legally and effectively , with the support of experienced teams. Each case is unique, and the key is to act quickly, but within the law .