No tenant wishes to face eviction, but it is a reality outlined in the law: what is an eviction action? “Eviction is understood as the forced removal of tenants occupying properties and the legal action aimed at such a purpose,” states the Diário da República.
This means that an “eviction action is a legal action intended to terminate the lease agreement in cases where the law requires recourse to the judicial route.”
Practically, an eviction action can be initiated in situations of non-compliance, such as for the failure to pay rent. However, according to Article 1083 of the Civil Code, landlords can also resort to this measure in the following cases:
- When there is a violation of hygiene, peace, good neighborliness rules, or those of the condominium regulation;
- When the property is used in a manner contrary to the law, good morals, or public order;
- In situations where the property is used for a purpose other than its intended use, even if such alteration does not cause greater wear or devaluation of the property;
- When the property is not used for more than a year;
- When there is an illegal, invalid or ineffective transfer, whether partial or total, temporary or permanent, for consideration or gratuitously, of the enjoyment of the property against the landlord’s will.
Landlords evict 130 families per month
Since the start of the year until June, there has been a monthly average of 130 evictions, a number that surpasses the entire year of 2024, which had 83 cases, and 2023, with 89 situations, according to data provided by the Ministry of Justice to Jornal de Notícias.
The same newspaper indicates that non-payment of rent is the main cause, with most evictions occurring in the districts of Lisbon, Porto, and Setúbal.
Tenant does not pay rent: What to do?
If a tenant fails to pay several rent installments, the landlord should notify the tenant based on the breached obligation, according to the blog Salto do Santander, and this notification must be made using one of the following methods:
- Individual notification
- Personal contact through a legal representative (lawyer, solicitor or enforcement agent) authorized for the purpose
- A written notice signed by the landlord and sent by registered mail with acknowledgment of receipt.
“This notification starts a one-month period for the tenant to pay all overdue amounts. If the amounts are not settled, then the lease agreement is terminated, and the tenant must return the property to the landlord,” it reads.
If this does not happen, the landlord can resort to the special eviction procedure.
According to the site tribunais.org, this is “a procedural means intended to effectuate the termination of the lease, regardless of its purpose, when the tenant does not vacate the property on the lawful date or a date agreed upon between the parties, and may include a claim for unpaid rents.”
“It is applicable in cases of termination of the contract by agreement (revocation), by opposition to renewal by either the landlord or tenant, by expiration upon the expiry of the term set in the contract, by termination by the landlord or tenant, by resolution based on late payment of rent, and by resolution based on the tenant’s opposition to necessary repairs,” it reads.
