New Law of Rent

Meet the main changes with the new Law of Rent, in force since 2012:
Updating previous Income 1990:

Subject to negotiation: o proprietário do imóvel apresenta um valor ao inquilino. The tenant can accept or submit a new. If there is no agreement, the value that will serve as a reference for compensation resulting average values.
The landlord may terminate the contract, paying compensation equivalent to 5 years of income equal to the average value of the two proposals.
You can still update the income taking into account the asset value of the Property, getting the agreement for a period of about 5 year old.
In case of termination, the tenant will 3 months to leave the house.

Exceptions in the update of previous rents 1990:

Tenants with financial need (proven by RABC) and / or over 65 years or a more inability to 60%, in rentals for housing.

Faster evictions:

The landlord access to the National Rental Desk – Only can access Landlords Rental Desk with proven tax paid seal and / or have declared the rental income for IRS / IRC

Non-payment of rent: the eviction process can be started by the landlord if the tenant does not pay the rent 2 consecutive months (before it took 3 months).

Late payment: Payment over 8 days late, 4 months at ou 4 interpolated times a year.

Construction and demolition:

When necessary the property demolition or relevant works requiring the eviction, duly licensed by the competent authorities , the contract ends with compensation. Unless the tenant has 65 or more years or disability greater than 60%.
There will be no obligation to rehouse tenants under 65 year old.
Termination of the contract became possible, in the case of demolition or profound works, only for communication and without the need judicially, as above.

Minimum ceases to exist in contracts:

The lease period is agreed between the landlord and the tenant, for less than 5 year old. If it appears the absence of dates, consider the contract for a period of 2 year old.

Transmission of contracts:

Having regard to the case of an heir to the original landlord who takes possession of the property and intends to terminate the contract with those who live in the same, can do so if the rightful owner for two years (previously would have to wait five years) and proves that the property is for your permanent residence .

No case two tenants, and death, successive lease transmissions are prohibited: will no longer be possible renting a house move from grandparents to parents and then to children and grandchildren.

People that follow the original lessee shall have the same rights that.

As to the dissemination of the leases for housing on the death of tenant, shall lapse if not survive any of the persons mentioned in Article 1106º of the Civil Code:

“Article 1106º
Transmission death
1 – The lease for housing does not lapse on the death of the tenant when you survive:
a) Spouse residing in rented or person with the tenant lived in rented in union
and in fact more than one year;
b) Person with whom he resided in the same household and there is more than one year.
2 – No case reported no previous issue, the tenant's position is transmitted, on equal
circumstances, successively to the surviving spouse or person, with the deceased, lived in
consensual union, for relative or close order or from these to the oldest or the
oldest among the remaining persons with whom resided in the same household for more than a
year.
3 – The death of the lessee in the six months preceding the date of termination of the contract gives the
transferee the right to remain in place for a period not less than six months from the
death.”

In other words, spouse who resides with him or person living in the property in consensual union, more than 1 year and who resided with him in the same household for more than 1 year.

Go to the Decree-Law, in the Official Gazette: New Law of Rent