If a tenant refuses to leave after an eviction order is issued in Portugal, the owner has the right to take additional legal measures to ensure the property is vacated. Here are the main legal consequences and steps that can be followed:
Legal Consequences and Steps to Follow
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Intervention of Authorities:
After the eviction order is issued, if the tenant does not vacate the property voluntarily, the owner can request the intervention of an enforcement agent, notary, or court officer. These professionals have the authority to proceed with forced eviction, and may, if necessary, call the police to ensure the order is complied with.
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Additional Costs for the Tenant:
If the tenant continues to resist eviction after the eviction order, they may incur additional costs, such as fines. In addition, the tenant may be held responsible for any additional legal expenses that the owner has to bear due to resistance to compliance with the order[5].
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Possibility of Appeal:
The tenant has the right to appeal the eviction decision, but must present legitimate reasons for doing so. The appeal can be made to the court of first instance or a higher court. However, this process can be expensive and, if not well-founded, may result in additional costs for the tenant.
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Deferral of Eviction:
In some cases, the tenant may request the court to postpone eviction for reasons of force majeure, such as lack of housing alternatives or other compelling social circumstances. The court will evaluate the situation and may grant an additional period for eviction, if it considers it justified.
It is important that the owner follows all legal procedures correctly to avoid complications and ensure that the eviction process is conducted effectively and within the law.