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Paid one year rent advance but no receipts issued by landlord..

Last activity 23 December 2023 by slugsurmamates

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kavitathakur1

Hi folks,

We are really intense.we signed one year contract with Portuguese landlord and paid one year rent in advance already. He has not registered our contract in finance office yet ... What we should do now?

JohnnyPT

Hi @kavitathakur1,


It is the landlord's tax obligation to issue an electronic monthly rent receipt (*) for the amount received from the tenant and to pay stamp duty (10% of the monthly rent) to AT Finanças at the beginning of the contract (paid only once). If the landlord doesn't give you the electronic monthly receipt & proof of paid stamp duty, you should ask him to do so by registered letter.


If the situation persists, then you should report it to the Tax Authority, taking your tenancy agreement with you.


(*) receipt issued at the AT Finanças website.

slugsurmamates

Perhaps,JJohnny although I think we both know the situation in Portugal and it won't be the first time there is any reticence in issuing a receipt for rental accommodation.

I think it ought to be stated:

The landlord's legal obligations aside, should a receipt be an absolute requirement then, I believe, your advice is solid.

The renter, however, as a result, may be taking a real risk that the rent sum demanded per month may increase substantially and/or will be soon searching for alternative (costlier?) rental accommodation.

JohnnyPT

That's true. But I think that in order to be granted a visa, AIMA/SEF will check if rental contract is legalised. And if the contract is illegal and one of the parties doesn't fulfil it, what are you going to do?...

Nia Queiroz

@kavitathakur1


From where did you find the listing? Was is a legit source? Did you investigate the landlord? Was it through an agency?

slugsurmamates

@JohnnyPT

Yes.  Fully understand, Johnny. And accepted.

For what it is worth, and bearing in mind this was pre-Brexit 2019, I acquired Portuguese residency with NHR by never having to give evidence of neither a rental agreement nor ownership of property.

Not sure how I managed this but it happened.

Nothing appears black/white in Portugal ,rather 50 shades of grey, when it comes to legal requirements and process 🙄🙄🙄🤔🤔🤔

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