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lease terms law change

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vernanjohn
6/25/2019 07:06 EST

Good day everyone, I have recently been informed by a prospective landlord that due to a recent change in portuguese law that leases less than one year in term
were no longer allowed. I would think that a change this important would be a topic of conversation in the expat community, yet I have heard no other references to it.
does anyone have any feedback on this.

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realspear
6/25/2019 09:24 EST

Here is a summary of the new law: https://lisbonattorneys.com/en/new-amendments-to-the-legislation-of-the-lease-in-portugal/ It does set the minimum lease to one year. I had a link to an original Portuguese document but can't seem to find it, but there are other references to it.

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dancebert
6/25/2019 09:47 EST

Thanks realspear.

Start with a quote from the article linked to by realspear "Law no. 13/2019 of 12 February". Copy and paste into Google Translate to get "Lei n. 13/2019 de 12 de fevereiro". Next copy and paste that into Google. First search result is to the text of the law at https://dre.pt/home/-/dre/119397715/details/maximized . Site has option to read in Portuguese or English.

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craigandmicki
6/25/2019 10:52 EST

veranjohn: Several aspects of legislation regarding residential leases changed in Feb 2019, very few of which affect non-Portuguese. For example, that 'one year lease' minimum EXCLUDES leases for 'non-permanent' housing. If you are getting a lease to satisfy the visa application proof of accommodations requirement, you are securing 'non-permanent housing'. Depending on your consulate, you're being asked for a 3 or 6 month lease and the legislation permits that. Most of us get longer term, such as 1 - 3 year leases, after that initial short term lease and use it at SEF. Please see this statement from the new legislation: "The approval of Law no. 13/2019 of 12 February establishes that lease agreements must have a minimum duration of one year, with the exception of leases for non-permanent housing or for a special transitional purpose (namely professional reasons, education or tourism)."

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vernanjohn
6/25/2019 12:58 EST

Thank you craigandmicki,realspear,and dancebert. This is the very good,concise info I was seeking.

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Bemadam
6/26/2019 16:00 EST

What is striking is the biased language used and underlying bigotry in the article from Lisbon attorneys website. It talks of protecting tenants from 'abusive' behaviour of landlords. Do people think that only landlords can be abusive, and that tenants are in all circumstances perfectly innocent and respectful of their leases? So tenants never fail to pay their rent, and never trash a property as they leave?

Imagine the uproar if you read 'the indigenous white population needs to be protected from the influx of ethnic minority immigration'. This type of bigotry would not be tolerated, the author would be castigated, the text deleted and possibly criminal proceedings started against the website for inciting racial hatred.

Surely all bigotry is wrong, including that which is based on biased views of tenant-landlord relationships. This is what needs to change as this type of biased reporting offends me just as much as bias against migrants or ethnic minorities.

Ok, the article is not about this, but it can stand being mentioned.

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realspear
6/26/2019 16:37 EST

This is about the law, not the language. Also, I would take issue with your analogy, I don't think racial/cultural issues are relevant to a business relationship, FWIW, the government phrases it similarly in some of their press.

And the issue in Lisbon, in particular, is that landlords are pushing out tenants to turn apartments into AirBnBs and to get rid of working locals and replace them with wealthy foreigners and immigrants. Not that tenants aren't paying.

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dancebert
6/26/2019 16:46 EST

Ten years an expat has taught me one of the hardest adjustments for most is to let go of labeling cultural aspects in their new country as wrong or inferior. Or believing the cultural aspects of their home country are right or superior. Best way to adapt, IMHO, is to accept cultural differences as just that - differences.

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Bemadam
6/27/2019 06:36 EST

This is not about cultural norms, but about a supposedly respectable government using bigoted and discriminatory language to tarnish a group of people, in this case landlords. It's not because some of you consider this to be a 'cultural norm' that it isn't based on bigotry.

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realspear
6/27/2019 06:42 EST

It's not "bigotry." It's a business relationship. In the US, most laws favor landlords over tenants. My son was just evicted from his apartment because the landlord decided to make it a condo. I know many people in the US who lost long-time homes because their homes were turned into AirBnB hotels.

But more importantly, Portugal is a socialist country. Its laws tend to give more rights to ordinary citizens than wealthy ones. Many of us here prefer a society in which there is some attempt to protect the citizens rather than just the ruling class.

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snoble
6/27/2019 09:12 EST

I think what needs to be kept in mind is the power differential between tenants and landlords. Tenants typically don't have a lot of power when landlords have the the power to evict. Governments try to balance the imbalance by protecting tenants predominantly, while also keeping in mind that not all tenants are responsible by safeguarding landlords as well. Overall, one has to look at the imbalance of power between landlord and tenants. As has been pointed out there are some landlords evicting tenants in a predatory way to make more money from tourists and foreign nationals.

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Wallvestor
6/27/2019 10:12 EST

as a retired real estate professional, I've seen this issue debated many times in REALTOR circles.

Obviously, the Landlord comes to the table with much more than the Tenant. The Landlord, has a capital investment, insurance, utilities, holding costs, etc. etc. The Tenant comes to the table with what - a deposit and a promise to make timely payments? That's considerably less than what the Landlord comes with.

Then there's the proverbial "golden rule" - "The guy with the gold, makes the rules".

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realspear
6/27/2019 11:40 EST

Fortunately, Portugal doesn't see greed and avarice as the primary components of a good, modern society. It's a socialist country which is why the new rental contract law was put in place. It's why the health system is dropping virtually all charges. A better society is far more desirable than one run like a feudal kingdom.

It's a little hard to understand how someone who prefers a society built on greed comes to live in Portugal, unless it's to find some way to take advantage of the people here.

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dancebert
6/27/2019 14:57 EST

Another recent law favoring renters. The Affordable Rent Act (Programa de Arrendamento Acessível or PAA) sets maximums on the amount of rent that can be charged based on the size of the home and it’s zone. Lease must have a minimum term of 5 years, except for students. To qualify for the Act, a renter’s maximum annual income per year is 35.000,00 euros and 45.000,00 euros per couple.

https://observador.pt/2019/06/06/rendas-acessiveis-preco-de-renda-maxima-por-um-t2-em-lisboa-e-de-1150-euros/

What zone you live in, and some other details

https://eco.sapo.pt/2019/06/06/ja-sao-conhecidos-os-valores-maximos-para-as-rendas-acessiveis-veja-as-tabelas/

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Bemadam
6/28/2019 06:07 EST

realspear, Portugal currently has a Socialist govt, but that doesn't make the country 'socialist'. They can be voted out of power, they have no lifelong right to given unchallenged. You are a joke, using Marxist language like 'ruling class', feudal kingdom' etc.

This is 2019, and we're no longer living in the Middle Ages unless you hadn't noticed! Your language also betrays deep-seated bias, as you feel 'ordinary citizens' (however you define this) should have more rights than the wealthy. Can you tell me from what level of wealth a citizen should be stripped of their human rights?

Quite right that landlords can evict tenants easily, otherwise no-one would want to be one, and renters would have even a harder time of finding suitable accommodation. Beware of the unintended consequences of your crack-pot ideas!

I find it ironic when leftwing people religiously defend the right to an abortion, no questions asked, but savagely criticize a landlord's right to an eviction. If you can accept a woman's right to an abortion, and a married person's right to a divorce, no questions asked, why are you so upset when a landlord has a right to terminate his agreement?

Not allowing a landlord the right to evict would be a refusal to recognise his property rights. As he owns the property, he has a right to use it or dispose of it as he sees fit.

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vernanjohn
6/28/2019 09:02 EST

Wow...really didn’t expect my original post to be commandeered by a demagogue. Sorry all,and thank you to the posters who actually took the time to answer my question...

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tmac100
6/29/2019 06:02 EST

Yes, everyone has a story to tell. I am currently in Porto, learning some Portuguese so that I can move (and retire from "socialist" Canada (as my Minnesota friends call Canada, to an obviously even more "socialist" Portugal.
Aahh, the joys of democracy and freedom of movement in Canada and Portugal. :)

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JephreyScott
6/29/2019 09:22 EST

Best of luck ... I so envy you!

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Luned
7/2/2019 01:06 EST

I so look forward to retiring to socialist Portugal, and I pray that it stays that way. Bless them for being a country that caters to the ideals of quality of life for all rather than the ideals of unfettered capitalism for the few.

I'm hoping I can find an affordable apartment, and that Airbnb isn't ruining it for everyone.

What sites are good for apartment searches in and around Porto?

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