Eviction lawsuit

What is an Eviction Action?

An eviction action is a legal process that allows the owner or holder of a property to ask the court to cancel the lease agreement with the tenant. The objective is clear: the landlord intends to regain possession of the property and evict any person or entity that is occupying it without authorization.

This eviction process has a specific procedure and is managed exclusively by the Balcão Nacional do Arrendamento (BNA), an entity subordinate to the Directorate-General for the Administration of Justice (DGAJ) and which operates throughout the national territory. The landlord can submit his eviction request in two ways: on paper, through a lawyer or solicitor, or directly on the BNA online platform.

In what situations can an Eviction Action be initiated?

Eviction action can be initiated by the landlord in the following scenarios:

• Non-payment: If the tenant fails to pay the rent by the date agreed in the contract, the landlord has the right to initiate the eviction process based on late payment of rent;

• Inappropriate use of the property: The tenant must use the property responsibly, without disturbing the well-being of neighbors or causing damage to the property;
• Unauthorized sublease: The tenant can only sublease the property if this is expressly provided for in the lease contract;
• Opposition to works: If the tenant opposes the carrying out of necessary works, thelandlord can move forward with the eviction process;
• Expiration of the contract: The lease contract has an end or renewal date.If the tenant does not renew the contract within the established deadlines, the landlord may initiate the eviction process;
• Termination by mutual agreement: When both parties agree to end the contract (revocation);
• Opposition to renewal: Both the landlord and the tenant can oppose the renewal of the contract;
• Termination of the contract: The contract can be terminated by either party;
• Violation of contractual clauses: If the tenant does not comply with the obligations stipulated in the lease contract, the landlord has the right to initiate the eviction process.

How to initiate an Eviction Action and what are the steps in the process?

If you are considering initiating an eviction action, it is crucial to follow the steps below:

• Analyze the situation of the property: The first step is to ensure that you have a valid lease contract, signed by both parties. Also check if there are delays in paying the rent or any other contractual breach on the part of the tenant.
• Opt for an amicable resolution: Before going to court, the ideal is to try to resolve the conflict amicably. This can be done through direct dialogue or with the help of a mediator or conciliator.

• Submit the complaint to the BNA: If an agreement cannot be reached, the next step is to initiate an eviction action. It is advisable to have the support of a lawyer or solicitor to deal with the eviction request.However, if you prefer, you can do it in person and online through the BNA website, or by going to one of the BNA secretariats after filling out the form available online. It is important to highlight that this is an administrative process, and the intervention of a judge is not necessary.
• Present evidence: During the registration of the application or during the investigation phase of the action, it will be necessary to provide evidence that confirms the breach of contract or the illegal occupation of the property, as the case may be.
• Wait for the decision: Once all the steps have been completed, all that remains is to wait for the final decision in the process.

What is the average time for an Eviction Action to be decided?

The duration for deciding an eviction action at the National Rental Desk (BNA) may vary. It all depends on the complexity of the case and the volume of processes in progress. However, Portuguese legislation establishes that the maximum period for a decision is 30 days after submitting the action.

Exceptionally, this period may be extended for another 30 days, if necessary.

Please note: the final decision of the special eviction procedure is not binding. This is a provisional measure. If there is opposition from the tenant or target entity, the case will be referred to a court. At this stage, both parties must be represented by a lawyer. If you do not have financial resources, you can request legal support. Naturally, if the case goes to court, the duration will be prolonged.

What happens if the decision is in favor of the owner?

The tenant has 15 days, counting from notification of the eviction request, to present their opposition electronically.

In addition to vacating the property or presenting opposition, the tenant can also ask the judge, through the BNA, to postpone the vacancy for imperative social reasons. To do this, it will be necessary to appoint a legal representative (lawyer or solicitor).

If the tenant does not object, the eviction request is automatically converted into a vacancy document. The tenant will then have 30 days to remove their goods, otherwise they will be considered abandoned.

With the vacancy title in hand, the Enforcement Agent, Notary or Bailiff will go to the location to return possession of the property to the owner, and may request assistance from the police authorities.

What to do if the tenant refuses to leave the property?

The Enforcement Agent, Notary or Bailiff responsible for the due diligence may request the court, if the object of the lease is a home, for authorization for immediate entry into it.

Anyone who refuses to comply with the court decision to vacate the property will be committing a crime of qualified disobedience.

Legislation on Eviction Actions

What does the law say about eviction? In the New Urban Lease Regime - NRAU, we can read in Article 14:

Eviction lawsuit
1 - The eviction action is intended to terminate the legal status of the lease whenever the law requires recourse to the courts to promote such termination and follows the form of a common declaratory process.
2 - When the eviction request is based on the tenant's lack of permanent residence and when the tenant has another residence in the area of the municipalities of Lisbon or Porto and their borders or in the respective municipality for the rest of the country housing acquired after the beginning of the rental relationship, with the exception of cases of mortis causa succession, the landlord may simultaneously request compensation equal to the value of the rent determined in accordance with the criteria set out in subparagraphs a) and b) of no. 2 of article 35.º from the expiry of the deadline for contesting until the actual delivery of the housing.
3 - While the eviction action is pending, the rents that become due must be paid or deposited, in general terms.
4 - If rents, charges or expenses, overdue 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 their payment or deposit and also the amount of compensation due, attaching evidence to the file, being, however, condemned to pay 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 tenant with the provisions of the previous number, the landlord may request immediate eviction, applying, in case of approval of the request, with the necessary adaptations, the provisions of paragraph 7 of article 15. and in articles 15.º-J, 15.º-K and 15.º-M to 15.º-O.

Frequently Asked Questions about Eviction Action

Here are some of the most frequently asked questions about Eviction Action:

Conclusion

Eviction action is a way to protect property rights, but it must be applied in a balanced way, without harming the occupant. In cases of illegal occupations, in which there is disrespect for property rights, it is necessary for the judiciary to act effectively to protect these rights.

However, it is important to highlight that, before initiating an eviction action, it is essential to check whether there are alternative legal measures, such as friendly negotiation, mediation or conciliation, which can resolve the conflict in a more peaceful and less harmful way for the parties. involved.

In short, eviction action is an important tool to protect property rights, but it must be used with balance and responsibility.