The right to rent and become a tenant is extended to all individuals, irrespective of: Gender,Ancestry or ethnic origin,Language ,Territory of origin, Nationality, Religion, Belief, Political or ideological convictions, Gender, Sexual orientation, Age, Functional diversity
Contents of a Rental Agreement
Rental agreements must be documented in writing, in compliance with the legal requirement, providing tenants with optimal protection. Landlords who rent out properties without a contract commit the offense of tax evasion.
To safeguard your interests, always use bank transfers or checks for rental payments. In the absence of specific provisions in the rental agreement, rent value adjustments will be governed by Law 6/2006, which defines rent value updates according to the inflation rate.
It is the landlord's responsibility to register the lease agreement with the Tax Authorities; this is a mandatory requirement. Registration can be completed online. Any amendments or terminations of the lease agreement must also be registered online.
Tenants should maintain proof of rent payments, such as bank transfers, and any correspondence that validates the existence of a verbal tenancy agreement, even if it is not in writing. Rental contracts without a specified duration.
Resolving Issues with Your Landlord
Landlords are expected to address issues in the rental agreement or rectify problems that pose a serious risk to the health or safety of tenants upon request. Landlords are also responsible for resolving situations that hinder tenants from enjoying the rental property.
Eviction
Understanding Eviction
Eviction refers to the removal of an individual from their current residence, and it can occur through legal or illegal means. It is essential to distinguish between the two scenarios.
Legal Eviction
Legal eviction occurs when a property is occupied in an illegal or inappropriate manner, as defined by the law. Individuals falling under the category of illegal or undue occupants are entitled to information services, legal aid, and support from public services to find alternative housing solutions, along with a reasonable notice period. If facing eviction, they have the right to engage with affected parties to explore alternative solutions, such as rent subsidies, consultations, or legal aid.
Illegal Eviction
Eviction from permanent housing is not allowed at night, except in emergencies, such as a fire. Portuguese authorities prioritize rehousing solutions before evicting vulnerable individuals or groups. When faced with eviction, individuals have the right to seek alternative solutions through dialogue with affected parties.
Dealing with Property Sale by Landlord
If your landlord decides to sell the property you are renting, it does not automatically lead to eviction. Several options exist to continue residing in your current place:
If you have lived in the property for two years or more, you have the right of first preference to purchase the property before others.
If you opt not to buy the property, your lease will automatically transfer with the ownership change. The new owner will then become your landlord.
Please note that this information is provided as guidance and does not substitute legal advice.
