When a property in total ownership is to be sold in Portugal, and there are tenants occupying it, the legislation provides certain conditions for exercising the right of preference by tenants. Here are the steps and considerations that should be followed:
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Verification of Right of Preference:
Tenants have the right of preference in purchasing the property if they have been living in it for more than two years and if the lease is for residential purposes. This right is exercised on equal terms with other potential buyers.
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Notification to Tenant:
The owner must notify the tenant about the intention to sell the property. This notification must be made by registered letter with acknowledgment of receipt, specifying the price and conditions of the sale.
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Deadline for Exercising the Right:
After notification, the tenant has a period of 30 days to exercise their right of preference. During this period, the tenant can decide if they wish to acquire the property under the same conditions offered to third parties.
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Exceptions and Limitations:
If the property is not constituted in horizontal property, the situation may be more complex. The Constitutional Court declared unconstitutional a rule that allowed tenants of parts of buildings in total ownership to exercise the right of preference together to acquire the property in co-ownership. Thus, the right of preference may not apply to tenants of specific parts of a building in total ownership. Therefore, Tenants of Buildings in Total Ownership: Do not have legal right of preference in purchasing the building, unless the building is sold under horizontal property regime.
In the case of sale of property together with others, the obligated party indicates in the communication the price attributed to the leased property as well as the other values attributed to properties sold together.
When there is an allegation of damage if not sold together, the communication to the tenant must include proof of the existence of appreciable damage, and the mere contractualization of non-reduction of the transaction cannot be invoked as grounds for such damage.
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Legal Consultation:
Given the legal complexity and potential exceptions, it is advisable for both owners and tenants to seek legal advice to ensure that all rights and obligations are respected during the sale process.
These steps ensure that tenant rights are considered and that the sale process is conducted in accordance with Portuguese legislation.