Get the Right Lease Agreement for You in Portugal
Make sure your move to Portugal goes as smoothly as possible with a lease or rental agreement that protects your interests
Our real estate lawyers will guide you through the process step-by-step.
How can a lawyer help me with a lease or rental agreement?
Our team of real estate lawyers can help you avoid the many pitfalls that ex-pats and foreigners encounter when they move to a new country.
Lease agreements in Portugal are different from those in other countries and come with standard clauses. However, an experienced lawyer can ensure that you understand which terms and conditions are normal while eliminating those that are not unusual and not in your best interests.
Our real estate attorneys will verify that the property you intend to rent is registered for the correct use. This due diligence will ensure that you move into a home that is suitable for living in and isn’t currently subject to any litigation or other legal issues.
They will draft a contract that protects you while closely following the law. Typically, estate agents produce contracts with overly favorable terms for the landlord. We will negotiate with the landlord on your behalf to secure more aligned conditions with the market norms.
¨We will be with you each step of the journey.¨
What is a Lease Agreement?
It is a contract signed between two parties – a landlord and a tenant. It states all of the terms and conditions relating to the rental of a property. This typically includes how much rent will be paid, when it will be paid, whether the property includes furniture, and much more.
They are very common agreements but the terms can differ greatly from what people may be used to in their home country.
Leases can be for residential or commercial properties.
For homes, they can be short-term for tourists or long-term for residents. There is no limit on both, so a lease agreement can be as short as one month or as long as 10 years.
Some clients choose a rental property when moving to Portugal on a retirement visa. This allows them to move quickly while looking for the right property for them to buy. One of the advantages of leasing is the freedom to end the contract without making a huge investment.
How do I Create a Lease Agreement?
The real estate lawyers at Lexidy LegalTech Boutique will draft the lease agreement for you. We will negotiate with the landlord to ensure your rights are protected and you are not subject to unusual clauses or penalties.
How Do I Renew a Lease Agreement?
Lease agreements are usually renewed automatically. This renewal is for the same period of time as previously agreed. However, the parties can renegotiate to change the terms. The rental price usually increases upwards when renewing a lease agreement.
What’s the Process of Getting a Lease Agreement?
The first step is identifying the property you’d like to rent in the place you want to be. Location is vital, so be sure to understand how well connected the property is to transportation and local stores.
Once you have the property, it’s time to make an offer for the rental amount. Most leases are negotiable, so don’t be afraid to haggle. It’s at this stage we recommend working with a lawyer. We can advise on whether the rental amount is the market rate and can intervene in negotiations for contractual terms.
We work with the estate agent and landlord to get you the best deal possible.
We also support clients with Power of Attorney. We can act on your behalf throughout the entire process. From drafting and negotiating through to signing.
What Documents Do I Need for a Lease Agreement?
The main document is the contract itself. This should include the following:
- The IDs of all parties showing nationality, date of birth and marital status
- ID and location of the leased property
- Number and date of the licence of use, if a commercial lease
- Value of the rent, deadline for payment and respective updating regime
- Contract duration and date of conclusion
- Signature of the Parties
We recommend that our clients have a valid passport and a NIF so that they can quickly transfer funds as well as set up utilities like electricity and internet.
What Else Do I Need to Know?
The landlord must register the contract with the Tax Authority but this doesn’t impact the contract’s validity. The landlord needs to register the contract so that you can deduct the rental payment in your annual taxes.
Depending on the duration of the contract, the tenant or landlord must notify the other party about extending the lease. The law tends to favor the tenant by allowing longer notice periods the longer they have lived in the property.
Eviction for Unpaid Rent:
If the tenant fails to pay the agreed rent, the landlord has several legal mechanisms they can use. If there is a delay of more than two months or four delays of at least eight days a year, the landlord can:
- Keep the contract, but demand the rents in arrears.
- Charge a compensation for 50% of the amount owed plus the interest on the arrears
- Terminate the lease agreement, claiming non-payment and demand the rent arrears.
- Charge interest on arrears. However this limits claims to compensation.
We are a department formed by qualified legal experts who have been trained in the field of real estate law. We work on these requests every day and it’s our passion. For us, Lexidy is a way of life and what excites us the most is to be able to deliver the happiness and satisfaction of a successful real estate process. We want to help you achieve your goals and dreams.
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