For more than half a century he lived in the same house. The tranquility ended when the new owner decided to proceed with extensive works, without guaranteeing any relocation alternative or properly protecting his assets. Without resources and no other housing solution, a retired woman with a monthly pension of 333.39 euros ended up being forced to abandon the property where she had lived since her youth.
In the ruling of September 18, 2025 (), the Court of Appeal of Évora confirmed the landlord’s liability, but reduced the value of the compensation fixed in the first instance to 17,000 euros: 7,000 euros for property damage and 10,000 euros for non-material damage.
The case dates back to 2021 and was heard in the Central Civil Court of Portimão, of the Judicial Court of the District of Faro. According to the ruling, the tenant’s parents lived in the property since 1962, and the author always lived with them until their deaths. In March 2021, the defendant, identified in the process as AA, purchased the property where the woman lived and, from April 1, 2021, signed a written lease agreement with her, with a monthly rent of 300 euros.
Works without effective notice and without relocation alternative
Shortly afterwards, in October 2022, the landlord began renovation work. He called the tenant on the same day to open the door for the builders and they entered the property without the author having had time to remove her goods or without providing a safe place to store them. To carry out the work, the furniture was removed from its place, dragged and part of it was left in the yard, just covered with plastic.
From October to December, the woman took refuge in a single room, where she concentrated part of her belongings, without being able to use the other rooms of the house: she had no access to the kitchen to cook, nor to the living room, and only lived with a functional bathroom. There was no television and he felt deprived of privacy.
In January 2023, the landlord told him that he had to vacate the bedroom and bathroom, remove all his possessions and leave the house so that the works could continue. Unable to find a new house or room at prices compatible with her income, the old-age pension of 333.39 euros per month, the tenant felt coerced into abandoning the property and ended up living in a room in an acquaintance’s house, paying new rent. With no space to store the contents, he had to offer or throw away much of the furniture and objects accumulated over decades.
Compensation value
In the sentence handed down by the Central Civil Court of Portimão, the landlord was ordered to pay 24,900 euros to the tenant, 10,000 euros for property damage (loss and deterioration of assets) and 14,900 euros for non-material damage, plus legal interest until full payment.
On appeal, the Évora Relation maintained the owner’s responsibility, but considered the amount fixed to be exaggerated. Invoking article 494 of the Civil Code, which allows the compensation to be reduced equitably when liability is based on mere fault, and taking into account the author’s advanced age and precarious economic condition, the court set the final amount at 17,000 euros: 7,000 euros for property damage and 10,000 euros for non-material damage, maintaining the obligation to pay interest at the legal rate until full settlement.
Based on the proven facts, the judges emphasize that the situation caused the author problems of anxiety, loss of self-esteem and insecurity, as well as sadness at the loss of many of the family assets that she had kept since her parents. These elements were decisive in establishing compensation for non-material damage.
Appeal arguments and position of the Relation
The owner appealed the sentence, alleging an error in the assessment of the evidence, the lack of a causal link between the works and the damage and arguing that the tenant had hampered the progress of the work by refusing to leave the property and by not cooperating in the removal of the furniture.
The Évora Court considered that part of the challenge to the matter of fact did not meet the burden of specification imposed by article 640 of the Code of Civil Procedure, namely due to the lack of concrete indication of the means of proof, and rejected the appeal in that part.
On other points, however, he agreed with the appellant, namely by correcting the wording of a fact to clarify that the author’s parents “inhabited” the property since 1962, without documentary proof of a lease contract on that date, and by moving one of the facts to the unproven matter.
On a legal level, the high court confirmed the existence of the landlord’s responsibility and the causal link between his conduct, namely the lack of timely written communication and the absence of a concrete relocation solution, and the damages suffered by the tenant, but significantly reduced the value of the compensation, as previously mentioned.
Decision with impact on landlords’ duties
In addition to the amounts in question, the ruling leaves a clear message about the duties of landlords when carrying out major works in rented houses. The judges recall that the construction environment is incompatible with normal housing and that it is up to the owner to safeguard not only the integrity of the property, but also the protection of the tenant’s property and person, especially when the tenant is in a fragile situation due to age and low income.
When applying article 494 of the Civil Code, the Court took into account the advanced age and precarious economic condition of the plaintiff, who lives on an old-age pension of 333.39 euros per month, as well as the culpable conduct of the landlord, to establish compensation that it considered appropriate and balanced in the circumstances of the case.
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