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Ending leasing agreement due to tenant not paying the rent

luckytale

Hi,

We have got a problem with the company who leases our apartment. We have applied for Golden visa program and bought a property in Portugal. We wrote a leasing contract with a company who now is not paying the rent.

Do you have any suggestions on how we shall proceed? We don't live in Portugal so it's difficult to deal with them from a long distance.

Please is there any way we can throw them out?

Many thanks!

See also

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TGCampo

What does the rental agreement say about this event? Have you in writing and with registered letter terminated the lease due to non-payment of the rent? What is the tenant's position? Is he simply not paying?

luckytale

We have been contacting them via email, but I will  send it in a letter as well.

The tenant is a company who leases from us and then rent it out to others.

Yes he denies to pay and ignore the emails and the calls.

We have been in contact with a lawyer who says it will cost us a lot of time and money to throw them out.

Strontium

Assuming your lease agreement is between two parties,  one being you (as a person) and the other being an official company based in Portugal with all the correct addresses, tax numbers, costs, dates etc.

Then you should write and delivery signed for  an letter + copy of signed lease  stating the facts ie months and payment paid and not paid and any emails, phone calls ets, and what you want done by which date.  If no responce the ask for their official "complaints book" which is a legal requirement for them and write the complaint (usually all accessed on line). 

If no response then you'll need to get a Lawyer involved.

luckytale

Thanks for explaining!

Yes that's correct. We have an agreement with a company.

What is this complaints book? What is the usage of that? Is it a place you set reviews on companies in such situations?

Thank you so much!

Strontium

Interweb search for "Portugal Complaints Book" or "Livro de Reclamações"   should provide latest information. It's an official thing with rules and not commercial website feedback.

luckytale

Hi again,

We have now informed the tenant with a written letter that we terminate the leasing contract and according to the law they will have 120 days notice. My question now is what we can do or prepare meanwhile in case they refuse to evacuate the apartment?

Is there anything more we can do?


I would appreciate any tips!

TGCampo


    Hi again,
We have now informed the tenant with a written letter that we terminate the leasing contract and according to the law they will have 120 days notice.     

    -@luckytale


Did you send a registered letter? I hope so, because otherwise you will not know whether the letter has actually been received.

luckytale

@TGCampo

Hi,

Yes we sent a registered mail and they signed with the delivery.

Can we do anything more now or is it just to wait for four months and see if they will evacuate our apartment or not?

Thanks a lot!

TGCampo

@luckytale

Have you tried to talk to them on the phone? You could definitely investigate how you could get to your money. If they are not willing to pay you might have to sue them, which is costly and bears the risk that they cannot pay even when ordered by a judge to do so.


What you are experiencing is the reason for many small landlords to get out of this business. I believe that renting real estate only works for big real estate companies that have their own legal department anyway.