How many overdue rent payments can trigger an eviction action by a landlord? The law stipulates that three overdue rents can lead to such action, as outlined on the financial literacy portal EI of the Associação Mutualista Montepio:
“According to the Civil Code, the landlord may terminate the lease contract after a delay equal to or greater than two months in rent payment. They can also do this if there is a delay of more than eight days, on more than four occasions, consecutive or otherwise, within a 12-month period. However, to proceed with an eviction action, three overdue rents are required,” states the portal.
Can the tenant settle the debt and avoid eviction?
According to the EI, “if three months have elapsed since the non-payment of the due rents and the landlord has initiated the eviction procedure, the tenant can only oppose the process.”
However, “to prevent the landlord from terminating the lease due to rent arrears,” the tenant may:
- Pay the overdue amount within eight days of the default date;
- After these eight days and until the end of the third rental month (with two rents already overdue), pay the overdue rents and a compensation of 50% of the amount due.
It should be noted that the “tenant has 15 days to oppose the eviction procedure, an action that can only be conducted by a lawyer or attorney and involves a court fee of 306 euros (if the eviction procedure is valued at 30,000 euros or less) or 612 euros (if it is more than 30,000 euros),” according to the portal.
Additionally, “if there are rents due, the opposition is only valid if accompanied by proof of payment of a deposit up to the value of six rents (unless the tenant benefits from legal aid).”
What is an eviction action?
“Eviction is defined as the forced removal of tenants occupying the property and the legal action intended for this purpose. The eviction action is therefore a legal action aimed at terminating the lease contract, in cases where the law requires legal proceedings. This is provided for in Article 14 of the New Urban Lease Law (NRAU),” as stated in the Diário da República.
What can lead to an eviction action?
According to the law, the “scope of application for eviction action is currently limited to cases of non-compliance by the tenant with the provisions of paragraph 2 of Article 1083 of the Civil Code,” namely:
- Violation of hygiene rules, peace, good neighborhood, or regulations contained in the condominium’s charter;
- Use of the property contrary to the law, morals, or public order;
- Use of the property for purposes other than its intended use, even if the change in use does not imply greater wear or depreciation of the property;
- Non-use of the property for more than a year, except in cases provided for in paragraph 2 of Article 1072;
- The temporary or permanent, total or partial, costly or free, transfer of enjoyment of the property, when illegal, invalid, or ineffective against the landlord.
