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Evictions Temporarily Suspended in Portugal

16 July 2018

The “extraordinary and transitional” regime for the protection of elderly and disabled tenants who have lived in their homes for at least 15 years was published in the Diário da República, coming into effect on Tuesday.

According to the decree published in the Diário da República, the regulations “apply to leases for housing where the tenant, at the date of entry into force of the same, has been residing for at least 15 years in the in that home and is at least 65 years of age or has proven degree of incapacity equal to or greater than 60%.”

Thus, tenants covered by the law may benefit from a “temporary suspension of periods of opposition to renewal and terminations of leases by the property owners.”

Excluded from this regime are situations in which compensation has been paid to the lessee for the non-renewal or termination of the lease, or when a contract involving the payment of such compensation has been concluded, unless the lessee communicates to the property owner the waiver of said compensation within the period prescribed for that purpose, by refunding the sums received.”

The law also excludes cases in which the termination of the lease has been adjudicated by a final court decision.

In this context, the law, which “entered into force on the day after its publication”, i.e. on Tuesday, “shall cover the period until 31 March 2019”, regardless of whether any revisions to the regulatory framework for urban rentals leading to protection for tenants on the basis of age or disability are completed.

On June 6th, the Portuguese parliament voted in favour of a final vote on a bill drawn up on the basis of projects proposed by the PS and BE political parties, which established an “extraordinary and transitional regime for the protection of elderly or disabled lessees who reside in the same home for at least 15 years.”

The decree was approved with the votes from the parliamentary left (PS, PCP, BE and PEV) and PAN, despite contrary votes by the PSD and CDS-PP.

Original Story: Lusa / Diário Imobiliário

Translation: Richard Turner