Ordre d'expulsion

Ordre d'expulsion

The eviction procedure, of electronic processing, runs exclusively on the National Rent Desk (BNA), an agency under the General Administration of Justice Administration (DGAJ) and that covers the entire national territory.

The special eviction procedure is applicable in cases of termination of the contract by agreement (revocation), as opposed to the renewal of either the landlord or the lessee, by expiry of the term fixed in the contract, termination of the contract by the landlord or lessee, by resolution on grounds of late payment of rent and resolution based on the opposition of the lessee to the performance of works.

Their acceptance depends, in addition to other conditions, on the existence of a written lease agreement and proof of payment of the respective stamp duty.

Under the special eviction procedure, only the constitution of a lawyer is required for the deduction of opposition to the request for eviction and in the acts subsequent to distribution to the court.

Legislation on Dumping Actions

(Law no. 43/2017 of 06/14) Article 14
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1 - The eviction action is intended to terminate the legal situation of the lease whenever the law requires recourse to the judicial process to promote such cessation and follows the form of a common declarative process.
2 - When the request for eviction is based on the lack of permanent residence of the lessee and when the latter has in the area of the municipalities of Lisbon or Port and its neighboring or in the respective county as the rest of the Country another residence or the ownership of property for housing acquired after the commencement of the lease, with the exception of cases of succession mortis causa, the landlord may simultaneously claim compensation equal to the amount of rent determined in accordance with the criteria set forth in paragraphs a) and b) of paragraph 2 of article 35 from the end of the deadline to contest until the effective delivery of the housing.
3 - Pending the eviction action, incomes that are due must be paid or deposited, in general terms.
4 - If the rent, charges or expenses, due for a period equal to or greater than two months, are not paid or deposited, the tenant is notified to pay or deposit in 10 days and also the amount of the compensation due , adding evidence to the records, being, however, condemned at the expense of the incident and the costs of withdrawing the deposit, which are counted towards the end.
5 - In case of non-compliance by the lessee with the provisions of the previous number, the landlord may request the immediate eviction, and in case of approval of the application, with the necessary adaptations, the provisions of paragraph 7 of article 15. and Articles 15j, 15k and 15m to 15o.

WHAT DOES THE LAW SAY ABOUT DEPEJO?

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