What to Do If an Airbnb Guest Refuses to Leave in Portugal
A guest refusing to leave at checkout is one of the situations every Alojamento Local host in Portugal hopes never to face.
Most overstays are harmless. A guest sleeps through an alarm, misunderstands the checkout time or asks for an extra hour.
But occasionally a guest simply refuses to leave.
At that point, what looked like a late checkout can become a legal and operational problem.
If you operate an Airbnb, Booking.com property, holiday rental or Alojamento Local in Portugal, it is important to handle an overstay carefully. Removing someone's belongings, changing the locks or trying to physically remove the guest yourself can make the situation significantly worse.
This guide explains what Portuguese hosts should do when a guest refuses to leave, how to document the situation, when to contact the booking platform or police, and why the distinction between an Alojamento Local guest and a tenant matters.
Step 1: Confirm the checkout time in writing
Your first priority should be establishing a clear written record.
Send the guest a in an automated message confirming:
The property
Their reservation
The agreed checkout date
The agreed checkout time
That the reservation has ended
That you have not agreed to an extension
That they need to vacate the accommodation
If the reservation came through Airbnb, Booking.com or another OTA, use the platform's messaging system where possible.
This creates a timestamped record associated with the reservation.
Avoid relying exclusively on telephone calls.
If you do speak to the guest by phone, follow the conversation with a written message confirming what was discussed.
For example:
“Following our telephone conversation, your reservation ended today at 11:00 and no extension has been agreed. Please vacate the accommodation and return the keys.”
Step 2: Check whether an extension has actually been agreed
Overstay disputes can become complicated if communication is unclear.
Perhaps the guest previously asked:
“Can we stay another couple of days?”
and someone from your team replied:
“That should probably be fine.”
That kind of conversation can create unnecessary ambiguity.
Check:
OTA messages
WhatsApp
Email
SMS
PMS notes
Payment records
Staff conversations
before asserting that the stay definitely ended.
Step 3: Contact Airbnb, Booking.com or the booking platform
Insurance programs like Airbnb's AirCover may provide you some Host Help. If the reservation was made through an OTA, contact its support team as soon as the guest clearly refuses to leave.
Tell them that:
the reservation has ended and the guest remains in the property without an agreed extension.
Provide the reservation number and copies of relevant messages.
Ask the platform to document the incident and contact the guest.
The platform may be able to:
Contact the guest
Confirm that the reservation has ended
Document the overstay
Assist with reservation changes
Record property damage
Assist with payment-related issues
Preserve communication relating to the dispute
However, hosts should understand an important limitation:
Airbnb or Booking.com cannot replace the Portuguese legal system.
Step 4: Preserve your evidence
If the situation escalates, good documentation becomes extremely important.
Save copies of:
The booking confirmation
Check-in and checkout dates
House rules
Your messages requesting departure
Payment records
Identification information legitimately collected for the reservation
Photographs of any damage
CCTV footage from lawful exterior or common-area systems, where applicable
Smart-lock access logs
Reports from cleaners or staff
Records of conversations with the OTA
Police incident or complaint references
Avoid deleting messages even if they appear unimportant.
You want to be able to demonstrate clearly that there was a temporary accommodation booking with a defined checkout date and that the guest remained after that date without your agreement.
Alojamento Local is temporary accommodation
This distinction is particularly important in Portugal.
Under Portugal's legal regime for Alojamento Local, an AL establishment provides temporary accommodation services, particularly to tourists, in exchange for payment.
Portuguese law also describes the operation of an AL establishment as the provision of accommodation services.
That normally looks very different from a conventional residential tenancy.
An Airbnb guest spending five nights in an apartment is not ordinarily in the same factual situation as a tenant who has rented their permanent home under a residential lease.
However, hosts should not assume that simply calling something an “Airbnb”, “holiday rental” or “Alojamento Local” automatically determines every legal question.
The substance of the arrangement matters.
Can you just change the locks or the code on a smart lock?
This is where hosts need to be particularly careful.
If the guest has already left and returned the property to you, changing an access code between reservations is obviously normal.
Changing the locks or disabling access while a disputed occupant and their possessions remain inside is a different matter.
Do not assume that ownership of the apartment automatically gives you the right to force your way into accommodation currently occupied by somebody else.
Portuguese criminal law protects against unlawful entry into another person's dwelling, including remaining after being told to leave.
Exactly how those protections apply will depend on the facts of the particular case.
The safest approach is therefore:
do not attempt a DIY eviction.
Get professional legal advice if the guest refuses to leave voluntarily.
Can you remove the guest's belongings?
Do not simply carry their suitcases onto the pavement.
Removing, withholding, disposing of or damaging somebody's belongings can create an entirely separate dispute.
If possession of the property becomes the subject of formal proceedings, there are procedures for dealing with possessions left inside.
For example, Portugal's formal tenancy eviction framework specifically provides mechanisms involving enforcement agents or notaries and the inventory of property found in the premises.
An AL overstay is not necessarily a tenancy case, but that illustrates why hosts should not improvise their own removal procedure.
Should you call the police if an Airbnb guest refuses to leave?
That depends on what is happening.
If there is:
Violence
A threat of violence
Immediate danger
Serious property damage occurring
Another emergency requiring immediate intervention
call 112.
Portugal's government confirms that 112 is the national and European emergency number and is available 24 hours a day.
For non-emergency matters, you can contact the local PSP or GNR depending on the area.
Portugal's electronic complaints service also provides contacts for both police forces and states that emergencies requiring immediate intervention should instead be reported through 112.
However, do not assume the police will simply arrive and remove a guest because you show them an Airbnb reservation.
What if the guest claims to be a tenant?
Take that seriously.
It does not necessarily mean the guest is a tenant.
But it means you should stop treating the matter as an ordinary checkout dispute.
Collect your documentation and speak to a Portuguese lawyer who works with property, hospitality or tenancy law.
Useful documents will include:
Your RNAL details
The original reservation
Length of stay
Price
Invoices
Services provided
Cleaning records
Reservation correspondence
OTA listing
House rules
Payment history
Any subsequent extensions
Portuguese courts distinguish between accommodation services, hospitality arrangements and leases based on the circumstances.
The Supreme Court has, for example, described Alojamento Local as involving transient users and a service/business character distinct from ordinary residential occupation.
Another Portuguese decision demonstrates that a short tourist stay can nevertheless be characterised as a lease where the factual and contractual circumstances point in that direction.
This is why documentation matters.
What happens if the arrangement is actually a tenancy?
If your situation is legally considered arrendamento rather than temporary accommodation, different rules apply.
Portugal has a formal process for recovering rented property.
The Balcão do Arrendatário e do Senhorio (BAS) has nationwide competence for the special eviction procedure and tenancy-related injunction procedure.
Portugal's legislation provides a formal process involving notification, potential judicial involvement and, where appropriate, an enforcement agent or notary carrying out the recovery of the property.
That is very different from a landlord simply changing the locks.
But remember:
the existence of the BAS does not mean every Alojamento Local overstay automatically goes through the tenancy eviction procedure.
Whether tenancy law applies depends on the legal nature of the arrangement.
That is a question to resolve with a Portuguese lawyer when the facts are unclear.
Can you charge an overstaying guest?
Your booking terms should explain what happens when someone remains beyond checkout without authorization.
Depending on your contractual terms, platform rules and applicable Portuguese law, you may potentially seek payment for additional occupation or losses caused by the overstay.
Those losses might include:
Additional accommodation usage
Extra cleaning
Relocating the next guest
Lost reservations
Locksmith costs
Damage
Legal expenses where recoverable
Do not invent arbitrary penalties after the event.
Any charges should have a proper contractual or legal basis and should be documented.
If significant money is involved, obtain professional advice before pursuing recovery.
Avoid accepting casual payments after a serious overstay begins
Suppose a guest's reservation ended yesterday.
They refuse to leave but transfer another €100 to your bank account.
Be careful about accepting money without clearly documenting what it represents.
You do not want ambiguity over whether:
You accepted another night's accommodation
The original reservation was extended
A new agreement was created
The payment was compensation for unauthorized occupation
If you agree to an extension, document the extension clearly.
If you do not agree to an extension, make that equally clear and obtain legal advice if necessary.
Frequently asked questions
What should I do if an Airbnb guest refuses to leave in Portugal?
Confirm the checkout time in writing, establish that no extension was agreed, contact Airbnb, preserve your evidence and ask the guest to leave clearly but professionally.
If the guest still refuses, obtain Portuguese legal advice rather than attempting a physical eviction yourself.
If there is immediate danger, violence or another emergency, call 112.
Can I call the police for an Airbnb overstay in Portugal?
You can contact the police where appropriate, particularly if there are threats, violence, damage or another safety concern.
However, do not assume that police will resolve every overstay by immediately removing the occupant. Questions about contractual occupation or possession can require civil legal procedures.
Can I change the locks if an Airbnb guest refuses to leave?
Do not assume you can change locks while somebody remains in disputed occupation of the accommodation.
Trying to carry out your own eviction can create additional legal problems.
Get advice on the correct procedure for your particular circumstances.
Can I throw an overstaying guest's belongings outside?
This is strongly discouraged.
Do not dispose of or interfere with someone's belongings as an improvised eviction method. Document the situation and follow the appropriate legal process.
Does an Airbnb guest become a tenant after 30 days in Portugal?
There is no simple automatic “30-day tenant rule”.
Portugal's AL legislation includes a presumption concerning furnished accommodation with associated services for periods under 30 days, but the legal classification of an arrangement depends on more than simply counting nights.
What is the difference between a guest and a tenant in Portugal?
An Alojamento Local generally provides temporary accommodation services to tourists for payment. A residential tenancy involves a different legal relationship concerning the temporary enjoyment of real property.
The exact classification depends on the agreement and surrounding facts.
Can Airbnb evict a guest for me?
A booking platform can contact a guest, document the dispute and assist with the reservation, but it does not replace Portuguese police, courts or legal procedures.
What if the guest becomes aggressive?
Prioritize personal safety.
Do not confront a threatening guest physically.
If there is immediate danger or violence, call Portugal's emergency number 112.
The bottom line
Do not assume that owning the property gives you unlimited authority to physically remove an occupant, change locks, remove belongings or disconnect essential services.
Portugal distinguishes between temporary accommodation services and residential tenancy, but the correct legal classification can depend on the facts of the individual arrangement. Portuguese law defines Alojamento Local as temporary paid accommodation, while Portuguese case law demonstrates that courts can look beyond the label placed on a booking when deciding what kind of contractual relationship actually existed.
For professional hosts, prevention is considerably easier than solving an occupation dispute.
Clear checkout rules, documented reservation extensions, centralized communication and a good PMS can ensure that if an overstay happens, you have a clear record of exactly what was agreed.
