Rental | Practical Guide

Rental Contract

The Lease agreement is mandatory for those who will rent a property and consists of a document that enshrines the duties and rights of both parties: landlord(s) and tenant(s).

The contract must be concluded in writing and may have a certain term or an indeterminate duration.

The rental agreement is mandatory to include:

• The identity of the parties, including naturalness, date of birth and marital status and the marriage regime
• Identification and location of the leased place, or on its part
• The end, housing or non-housing, to which it is intended
• Confirmation of the existence of a licence to use: its number, date and issuing entity
• The amount of monthly income
• The date of the conclusion and effective start
• Identification of places of private use, those of common use and attachments that are leased
• The nature of the lessor’s right, where the contract is concluded based on a temporary right or powers of administration of other property
• The registration number in the building matrix or the declaration of the building being omission
• The income regime, or its updating
• The term of the contract and indication whether it will be renewable or not
• Other clauses permitted by law and intended by the parties

People who can live in the property

In the property that is intended to rent may reside all those who live in a common economy, in a de facto union, relatives or the like of the tenant in a straight line up to the 3rd degree, according to Article 1093 of the Civil Code.

A maximum of three guests may also live unless there is a clause in the contract that stipulates otherwise.

Division of charges and expenses

In accordance with Article 1078 of the Civil Code, the parties, landlord or tenant, must stipulate, in writing, the regime of charges.

If there is no agreement, the law provides that current expenses relating to the supply of goods or services are on the lessee’s account. On the other, expenses and services related to the common parts of the property (e.g., condominium or stair cleaning service) are paid by the landlord.

The parties may agree a fixed amount payable on account of these charges and the adjustments will be made every six months.

Responsibility for conservation works

Conservation works must be carried out by the landlord, unless otherwise stipulated.

The lessee can only perform works when the contract allows it or if he has written authorization from the landlord. In the case of urgent works, or that the landlord is taking a long time to carry them out, the lessee may take over the reparations, with the right to be reimbursed.

However, the tenant has the obligation to notify the landlord of the works he carries out and to add the proof of expenses in the communication.

Modifications to the property

As a tenant, he may feel the need to make minor changes to the property to ensure comfort or convenience.

These “minor deteriorations” are lawful, however, they must be “fixed by the tenant before the restitution” of the property, unless otherwise stipulated, says Article 1073 of the Civil Code.

Rights and duties relating to the payment of the security

The landlord may ask the lessee to provide a security, aimed at ensuring compliance with its obligations (Article 623 of the Civil Code). Alternatively, you can ask for other guarantees, such as a guarantor.

However, it should be taken into note that in this case the guarantor will have to forgo the benefit of the tour.

It is a mechanism that enables the guarantor to make payment only after the principal debtor’s assets have been executed.

Anticipate income

The landlord may also request the advance payment of unexpired monthly rents.

This is the anticipation of rents, a mechanism that allows the landlord to see in advance the payment of rents due for the contract. However, the law limits this possibility to a maximum of three-monthly rents.

Pets

In case of having pets, find out if the landlord allows them to dwell in the property. The law states that “in urban buildings up to three dogs or four adult cats can be housed for each fire”, however, many owners oppose the presence of animals and may include a prohibition clause in the contract.

There are already legal precedents that safeguard the presence of the animal in a rented property, even with an exclusion clause in the contract.

Condo regulation

In case the property belongs to a condominium, it is essential that future tenants ask in advance for the regulation of the condominium, to stay abreast of the rules of the building and know what is accepted by the other neighbors.

Obligations in case of exit

The lease may cease by agreement of the parties, resolution, denunciation, or other causes provided for by law, in accordance with Article 1079 of the Civil Code.

Even with contract (certain or indefinite term), either party may object to the renewal, provided that the period of advance notice, in accordance with Law No. 31/2012, is respected.

If you have any legal questions or questions for the formalization of your lease, you should contact a lawyer.