If a tenant refuses to leave a property after the lease contract ends in Portugal, the owner has certain rights and must follow a specific legal procedure to resolve the situation. Here are the main steps the owner can take:
Steps to Evict a Tenant
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Formal Notification:
The first step is to send a formal notification to the tenant, informing them about the end of the contract and requesting the property be vacated. This notification must be made in writing and in a way that ensures the tenant receives it, such as through registered letter with acknowledgment of receipt.
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Special Eviction Procedure:
If the tenant does not vacate the property voluntarily, the owner can initiate a special eviction procedure through the National Rental Counter (BNA). This procedure is faster than a common court action and allows the owner to recover possession of the property.
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Judicial Eviction Action:
If the special eviction procedure is not appropriate or if the tenant contests, the owner may have to resort to a judicial eviction action. In this case, the court will evaluate the reasons presented and decide on issuing an eviction order.
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Eviction Order: If the court decides in favor of the owner, an eviction order will be issued. If the tenant continues to refuse to leave, the owner can request the intervention of competent authorities to carry out forced eviction.
Important Considerations
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Right to Housing:
The tenant may contest the eviction order based on rights such as lack of housing alternatives or inadequate habitability conditions of the property.
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Compliance with Legal Procedures:
It is crucial that the owner follows all legal procedures correctly to avoid legal complications, including the possibility of being charged with qualified disobedience if they try to evict the tenant without a court order.
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Legal Support:
Given the complexity of the eviction process, it is advisable for the owner to consult a lawyer specialized in real estate law to ensure that all steps are followed correctly and to obtain assistance in case of contestation by the tenant.
By following these steps, the owner can exercise their rights legally and recover possession of the property.