You rent your home and the roof lets water in. Whose job is it to fix it? Can you hire a roofer and take it off the rent? Can you stop paying? This guide answers from the text of the Portuguese Civil Code, says what to do in order, and has a letter to the landlord in Portuguese, with an English translation, for those who do not speak the language. It is general information, not legal advice.
Updated 2 November 2026. If the sum is large or the landlord does not answer, talk to a lawyer or a tenant advice service.
The essentials
- As a rule, the roof is the landlord’s. The landlord must carry out all conservation works, ordinary and extraordinary, unless the lease says otherwise (Civil Code, article 1074(1)).
- Tell the landlord at once, in writing. The tenant must warn immediately of defects or dangers in the home (article 1038(h)). Without a warning the landlord may not be liable for the defect (article 1033(d)).
- Do not do works on your own, as a rule. The tenant may do works only if the lease allows it or the landlord authorises it in writing (article 1074(2)).
- There is an exception for urgent repairs. If the landlord is in default and the urgency cannot wait for court proceedings, you may do them and claim reimbursement. If the urgency allows no delay at all, you may do them even without default, provided you notify the landlord at the same time (article 1036).
- Do not stop paying rent on your own. Late payment gives the landlord a right to compensation of 20% of the sum due, on top of the rent (article 1041).
- You may ask for a rent reduction if you lose or have reduced enjoyment of the home, and you may terminate the lease if the defect endangers life or health (articles 1040 and 1050).
Who pays for what
| Situation | Rule |
|---|---|
| Broken tiles, leak from wear of the roof | Landlord (conservation), unless the lease says otherwise |
| Damage the tenant caused by careless use | Tenant (articles 1043 and 1033©) |
| Roof of a building under condominium rules | The roof is a common part: the owners pay. The landlord deals with the condominium. See the guide to condominium roofs |
| Your belongings damaged by water | May be covered by your contents insurance or the landlord’s; see the guide to insurance and storms |
The lease may say the opposite: article 1074 says “unless otherwise stipulated”. Read your lease before deciding.
What to do, in order
- Limit the damage and take photos. Put out buckets, move furniture and appliances, and take dated photos and video. The wet ceiling, the stain, the wet floor.
- Write to the landlord today (template below). By email with read receipt or by registered letter with acknowledgement of receipt. Keep a copy and the proof.
- Give access. The tenant must allow the home to be inspected and tolerate urgent repairs (article 1038(b) and (e)).
- Allow a reasonable time for a reply and a visit. If water keeps coming in, write again, in writing again.
- Only if it is truly urgent (a lot of water, risk of a short circuit, a ceiling giving way), do the minimum repair needed to stop the damage, tell the landlord at the same time, keep the invoices and ask for reimbursement in writing (article 1036). A tarp or temporary patch is different from replacing the roof.
- Keep paying the rent, and argue any deduction in writing. If the landlord does nothing, get legal advice on a rent reduction (article 1040), termination (article 1050) or a court action to force the repair.
Can you do the work and deduct it from the rent?
The Civil Code lets the tenant do urgent repairs with a right to reimbursement (article 1036), and article 1074(3) also preserves the rules on works in rented buildings (Decree-Law 157/2006, article 22-A). That decree-law has rules on works done by the tenant in place of the landlord, with compensation, and on prior notice to the landlord. We could not read the text of those articles (only search excerpts), so we do not summarise them. Before deducting any sum from the rent, check the conditions with a lawyer. Deducting without following the rules can turn into non-payment.
Extra care if you are an expat
- Get the condition of the property in writing in the lease. If no document describes the state of the home at handover, the law presumes it was handed over in good repair (article 1043(2)). So photograph everything on move-in.
- Always write in Portuguese (use the template below), even if the landlord speaks English, and keep the translation for yourself.
- Keep everything: lease, rent receipts, dated photos, emails, invoices.
- Contents insurance: ask whether your policy covers damage from leaks.
Template letter to the landlord
Send by registered letter with acknowledgement of receipt or by email with a read receipt, and keep a copy. The Portuguese version is the one to send. The English translation is for you only.
[Tenant name] [Address of the rented property] [Contact]
[Landlord name and address]
[Place], [date]
Assunto: Entrada de água pelo telhado na fração/casa arrendada em [morada]
Exmo. Senhor / Exma. Senhora,
Sou arrendatário(a) do imóvel acima, nos termos do contrato de arrendamento de [data].
No dia [data] detetei entrada de água pelo telhado, [descrição: por exemplo «manchas e pingos no teto do quarto, junto à chaminé»]. Junto [número] fotografias com data.
Ao abrigo do artigo 1038.º, alínea h, do Código Civil, comunico-lhe este defeito. Nos termos do artigo 1074.º, n.º 1, solicito que mande reparar o telhado e peço-lhe que indique, até [data, por exemplo 8 dias], quando pode ser feita a visita e a reparação.
Posso receber quem enviar, em [dias e horas]. Se, entretanto, a situação se agravar a ponto de ser urgente, farei apenas as medidas provisórias indispensáveis para evitar maior dano e avisá-lo-ei de imediato, guardando os comprovativos das despesas para pedir o reembolso ao abrigo do artigo 1036.º.
Reservo todos os direitos que a lei me confere, incluindo a redução da renda.
Peço resposta por escrito.
Com os melhores cumprimentos,
[Assinatura]
English translation (for your information only; send the Portuguese):
Subject: Water coming in through the roof of the rented home at [address]
Dear Sir or Madam,
I am the tenant of the property above under the lease of [date].
On [date] I found water coming in through the roof, [description, e.g. “stains and drips on the bedroom ceiling next to the chimney”]. I attach [number] dated photographs.
Under article 1038(h) of the Civil Code I am notifying you of this defect. Under article 1074(1) I ask you to have the roof repaired, and to tell me by [date, e.g. 8 days] when the visit and repair can take place.
I can receive whoever you send on [days and hours]. If the situation gets worse and becomes urgent in the meantime, I will take only the essential temporary measures to prevent further damage and will tell you immediately, keeping receipts for the costs so I can claim reimbursement under article 1036.
I reserve all my legal rights, including a reduction in rent.
Please reply in writing.
Yours faithfully,
[Signature]
What we could not confirm
- The text of articles 22-A to 22-D of Decree-Law 157/2006 (works by the tenant in place of the landlord, notice and compensation). We only read excerpts.
- A “reasonable” reply period: the law sets no number of days for the general case. The 8 days in the template are our suggestion.
- Whether a municipal inspection exists that a tenant can request to force the work, and under what conditions. We did not check it.
- Public aid for tenants with a damaged roof: we found none.
Sources (read on 2 November 2026)
- Civil Code, consolidated on the PGDL site: articles 1031 to 1033, 1036 to 1038, 1040, 1041, 1043, 1050 and 1074 (version with Law 13/2019). In Portuguese.
- Decree-Law 157/2006 of 8 August, articles 22-A to 22-D: cited through search excerpts, not read.
- Our guides on condominiums, insurance and leaks.