Lawsuit in which the landlord asks the court to cancel the contractual relationship with the tenant and orders the tenant to vacate the property, in relation to which there is a lease.
The eviction procedure, which is processed electronically, runs exclusively at the National Counter of Lease (BNA), an organization that depends on the Directorate-General for the Administration of Justice (DGAJ) and which 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 tenant, due to expiry during the term fixed in the contract, termination of the contract by the landlord or the tenant, by resolution based on arrears in the payment of rents and by resolution based on the lessee's opposition to the execution of works.
Their acceptance depends, in addition to other conditions, on the existence of a written lease and proof that the respective stamp tax has been paid.
Within the scope of the special eviction procedure, only the constitution of a lawyer is mandatory to deduct opposition to the eviction request and in the acts subsequent to the distribution to the court.
WHAT DOES THE LAW SAY ABOUT EVICTION?
(Law No. 43/2017, of 06/14)
1 - The eviction action is intended to stop the legal situation of the lease whenever the law imposes recourse to the judicial system to promote such termination and follows the form of a common declarative process.
2 - When the eviction request is based on the tenant's lack of permanent residence and when the tenant has in the area of the municipalities of Lisbon or Porto and its neighbors or in the respective municipality in relation to the rest of the country another residence or property ownership for housing acquired after the beginning of the lease relationship, with the exception of cases of succession mortis causa, the landlord may, simultaneously, claim compensation equal to the value of the rent determined in accordance with the criteria provided for in paragraphs a) and b) of no. 2 of article 35 from the end of the period to contest until the actual delivery of the housing.
3 - Pending the eviction action, rents that are due should be paid or deposited, in general terms.
4 - If the rents, charges or expenses, due for a period equal to or greater than two months, are not paid or deposited, the lessee is notified to, within 10 days, proceed with its payment or deposit and also of the amount of compensation due , adding evidence to the case file, however, being convicted of the costs of the incident and the costs of withdrawing the deposit, which are counted at the end.
5 - In the event of non-compliance by the lessee with the provisions of the preceding paragraph, the landlord may request immediate eviction, applying, in case the application is granted, with the necessary adaptations, the provisions of paragraph 7 of article 15. and in Articles 15-J, 15-K and 15-M to 15-O.