When a tenant fails to pay rent consecutively, the landlord has the right to initiate eviction proceedings. However, the question arises: how to start this process?

Through this article from Advogados em Braga, learn what an eviction process is, how to avoid an eviction process, and under what conditions you can initiate an eviction process. 

What is the eviction process?

The eviction process occurs when a landlord can reclaim a rented property, either because the tenant fails to pay rent or because the lease term expires and the tenant does not vacate the property. 

When does the eviction process apply?

There are several situations where the eviction process can be applied. Among these situations, the following stand out:

• Default: when the tenant is late in paying the rent.
• Contract termination: when the term of Lease agreement It ends, but he doesn't leave the property. 
• Breach of contract clauses, such as damage to the property or disturbance of the neighborhood. 

Who can't be evicted?

In an eviction process, there are situations where it is impossible to proceed with the process completely: 

• Tenants with special protection: the elderly, people with disabilities, or those in situations of social vulnerability, in some cases, have legal protection.
• Force majeure situations, such as serious illness or social emergencies, may delay or prevent eviction.

Can a tenant with minor children be evicted?

It is possible to initiate eviction proceedings when there are minor children. However, there are legal restrictions:

The eviction of families with minor children must respect the principles of family and child protection. It is also important to consider alternative housing options before carrying out an eviction, especially in cases of... social vulnerability.

What is the legal basis for the eviction process?

The eviction process in Portugal is regulated by New Urban Lease Regime (NRAU) and by the Code of Civil Procedure, especially with regard to special eviction actions and procedures.

What is the difference between an eviction lawsuit and a special eviction procedure?

Eviction proceedings and special eviction procedures may be very similar, but they have some essential points of difference.

An eviction lawsuit is a legal process, which can be lengthy, but is applicable to all cases of... Breach of contract. 

In the case of the special eviction procedure, this is faster, applicable only to urban lease agreements, and usually occurs in situations of rent arrears or other breaches of contract terms.

What is the special eviction procedure?

O special eviction procedure (PED) It is a legal means that allows a landlord to quickly recover a vacant property. This procedure essentially occurs in cases of:

• Rent in arrears.
• Breach of lease agreement clauses.
• Termination of the contract without the tenant vacating the property.

What are the requirements to proceed with the special eviction procedure?

To initiate a Special Eviction Process, you must consider several points, such as:

• Valid lease agreement.
• Legal grounds for eviction proceedings.
• Notification to the tenant regarding the breach of contract and the deadline for rectification.
• Supporting documentation (contract, rent receipts, notices).

Want to know more about these and other issues? Get in touch with a Solicitor. In Lawyers in Braga. Consult our professionals and learn everything about eviction processes and how you can fight for your rights. 

How the eviction process works at BAS: step by step

The eviction process in Tenant and Landlord Service Desk (BAS)  It happens like this:

• Notification to the tenant: to formalize the breach of contract.
• Eviction petition to the court: file an eviction petition or eviction lawsuit.
• Hearing: the court reviews documents and hears from the parties involved.
• Court decision: the court decides whether or not the eviction will take place.
• Enforcement: if the tenant does not leave voluntarily, the court arranges mechanisms to initiate the eviction.

How many months of rent arrears are needed for eviction?

Typically, to initiate eviction proceedings, a rent payment delay of three to six months is sufficient. 

The type of lease agreement can dictate some differences in the timing of the process. 

Are there preventative strategies to avoid eviction?

In order to avoid initiating eviction proceedings, there are strategies to consider:

• Advance notice and alerting the tenant about delays.
• Negotiate ways to settle the debts.
• To resort to out-of-court means before going to court, in order to arrange mediation of the case. 
• Clear clauses in the contract: define default procedures and deadlines.

What is the time limit for an eviction action after notification?

After being notified, the landlord has 30 days, or the period stipulated in the contract, to file an eviction request with the court. 

Next, it is up to the court to draw up the schedule for hearings and evictions. 

Conclusion 

An eviction process occurs when a landlord initiates legal proceedings against a tenant who fails to pay rent and does not vacate the property. 

Generally, if a tenant fails to pay rent for three to six months, the landlord can initiate eviction proceedings. However, it's important to explore other ways to avoid eviction, such as finding a mediation point between the parties, thus preventing a court case. 

Having the contract, tenant notification, or a legally valid reason are points to consider before initiating eviction proceedings. To conduct the process, the presence of a lawyer is necessary. Solicitor It is fundamental.