Are you a landlord facing problems with a tenant who isn't paying rent? The truth is, these situations are quite inconvenient, and often there seems to be no solution.

In this article from Advogados em Braga, you will learn how to proceed in situations where a tenant fails to pay rent, and how to best manage a rent payment default and comply with legal procedures. 

What to do when the tenant doesn't pay rent?

As landlords, it can happen that a tenant fails to pay rent, making it a rather delicate situation to resolve. Therefore, it is important that in the event of a tenant's failure to pay rent, the landlord can act legally and with proper documentation, avoiding the risk of legal repercussions when attempting to collect a payment that is their right. 

The tenant is not paying rent and does not want to leave.

If a tenant fails to pay rent but refuses to vacate the property, the landlord cannot simply evict them. To do so, a series of steps must be followed to ensure the eviction is legal. 

Essential legal basis when a tenant fails to pay rent.

Starting from Article 1022 of the Civil Code It is possible to find the legal basis for when a tenant fails to pay rent. These articles state that a landlord can terminate a lease agreement if rent has not been paid for more than three months, or for a shorter period but with repeated failures. 

How to terminate a contract due to non-payment (step by step)

In cases of non-payment by the tenant, there are steps to take:

• Confirm whether there is a breach of contract and gather documents that prove it;
• Send a formal notification of the situation, via registered letter with acknowledgment of receipt;
• If payment is not made, you can resort to legal means through judicial eviction proceedings or through a normal judicial process. 

Special Eviction Procedure (PED) in BAS

The Special Eviction Procedure is a form of eviction when tenants fail to pay rent. This process is initiated by the landlord and follows these steps:

• It is presented online at the National Rental Desk;
• In addition, the landlord must also present the lease agreement, proof of any outstanding rent payments, and a copy of any correspondence with the tenant.;
• The tenant is notified and has 15 days to respond. If they fail to do so, an order is issued. forced eviction. 

Alternatives and prevention when the tenant fails to pay rent.

In order to prevent situations such as non-payment of rent by the tenant, there are measures that can be adopted, such as:

• Try to negotiate a payment plan and thus avoid legal costs;
• Node contract, to have a guarantor or a security deposit reinforces security and prevents payment defaults;
• Check the tenants' background and ask for proof of income. 

Can I initiate foreclosure proceedings for non-payment of rent?

Yes, if you have overdue rent receipts, you can initiate legal action and collect the amount owed. 

How many months of non-payment of rent allow for eviction?

Three months is the minimum time a tenant must be in arrears with rent payments. Otherwise, if the delay is shorter but repeated, meaning successive delays of one or two months, eviction is permitted. 

What if the tenant is often late with payments but still pays?

If there are months in which the tenant fails to make payments, even if they are not consecutive months, there is grounds to request eviction. 

Can I claim compensation for the delays?

Yes, you can claim compensation for late rent payments, such as:

• Expenses arising from the eviction process (costs of notifications);
• Default interest. 

Can I initiate eviction proceedings for non-payment of rent?

It is possible to initiate eviction proceedings for non-payment of rent, provided certain points are met:

• Proof of debts and communication clearly stating this situation;
• Respect for deadlines. 

Do I need a lawyer to help me when my tenant fails to pay rent?

Mm Solicitor This professional is very important in situations involving non-payment of rent. They are the right person for landlords to fight for their rights and to know how to act within legal parameters in eviction situations. 

Tenants can also resort to Solicitors in order to protect themselves from lawsuits.

No Lawyers in Braga It has qualified and experienced professionals, ready to answer any questions you may have and assist with any issues related to late rent payments. 

Conclusion 

In order to avoid problems with non-payment of rent by a tenant, you should take precautions by restrictively selecting tenants, requesting proof of their current financial situation, as well as having a guarantor and requesting a security deposit, thus avoiding being short of money.

A landlord cannot evict a tenant in any way. Therefore, in order to legalize the situation, they must request a Special Eviction Procedure, which includes gathering evidence of the debt, as well as notifying the tenant of the debt in question. 

A lawyer is a very important person in ensuring that the rights of those involved are guaranteed and that everything follows a legal path.