Renting Management Companies (Short/Long-Term Rentals)

Surely not as they don t accept illegal renting..

For a friends house you need to make a contract...but ask a lawyer on how.

Thank you for your help @Belha 1233

I will contact a lawyer about it.

@petswan,

Illegal contracts are not accepted. They have to be registered on the portaldasfinancas website and the landlord has to pay stamp duty to the state, which is 10 per cent of the monthly rent.

Usually, tenancy contracts are for 12 months, but you can withdraw from the contract before it expires. See this thread more info about that.

The option of your friend renting you the house may be the best idea, even if it's a symbolic rent, below the market price. You'll end up saving money and you'll certainly be settled better.

Thanks for your reply @JohnnyPT

I read on your earlier post on this thread that the landlord is only liable for 10% duty of the total cost of the rent, however, having spoken to two landlords they have stated that they would have to pay 28% tax?

Perhaps they are just saying this as they would rather not declare it and pay no tax. it is all bery conflicting and confusing!

Thank you again for your knowledge 

Don't use illegal tenancy agreements. They are useless when it comes to granting visas.

Stamp duty is only paid by the landlord once, when a rental contract begins. That % they refer to concerns the taxation of property income. Property income is included in the annual tax return of these landlords.

Hello!

Thanks for such a lot of useful information providing here.

I have a question. If the landlord didn't register the contract (3 month contract for the room in the house with auto-continue) and I was living here for 10 months and pay every month a rent fee 500 EUR with a direct money transfer to the landlord IBAN and landlord is under 65, could I get a tax refund with the help of Financas or somehow else? I didn't know, that the contract should be registered by the landlord and now fortunately I know that. Could I have a refund in my annual tax declaration? And if yes how it is the best way to proceed with that?

Regards

Hi @Xfort5,

In the case of renting ROOMS, getting the landlord to agree to sign a contract is much more difficult; many of them don't want to do it. They may accept it, but only if you pay 28 % more than you paid today. In addition, the refund with the deduction of room rents paid in the IRS tax return is only possible if the tenant is a student who has moved away from home city.

@JohnnyPT Hi Johnny, thanks for your reply. Maybe it was a misunderstanding, I've already signed the contract and have been living with a contract for 10 months, paid 500 EUR every month, so I've paid 5000 EUR totally. May I be pretended to tax return if the contract wasn't registered in the Financas?

@Xfort5,

You didn't understand my answer. Your contract (room rental contract)  has no tax effect because it's not registered with the AT Finanças. It only has tax effects and benefits for you if:

- the contract is registered with the AT Finanças

- and you are a tax resident in Portugal

- and you are a student

@JohnnyPT thank you for the clarification. By the way, do the landlord have to register it in the Financas?

What you have is an agreement between two parties that has no tax effects. This is often common when renting rooms. It's a contribution to the black economy... if you talk to him and ask him to register the contract, he'll probably make you pay more for the rent...

@JohnnyPT thank you for all the provided information, now it's clear for me.

Hi JohnnyPT,

Do you have any recommendations on property/lease management companies or agents for my apartment in Vila Nova de Gaia?  I am living in the U.S. and found it difficult to find good local companies on google search.  Thank you!

Katie

So here's another (hopefully easy) question regarding renewals.

We have a three year lease term.  Based on what I've read on the government site, including what is in this thread, it reads as if the Owner can not object to ("Opposition to") the first renewal of the lease contract.

(https://diariodarepublica.pt: Artigo 1097, paragraph 3): "3.  Opposition to the first renewal of the contract, by the landlord, shall only take effect three years after the conclusion of the contract, and the contract shall remain in force until that date, without prejudice to the provisions of the following paragraph"

This reads fairly straight forward, but I've learned to never assume things "make sense". Do you all read this that I have the right to stay in my apartment for an additional three year term before the landlord can provide notice that he won't renew?  (Understanding he has other rights to the property if he/family needs to live in it or for a few other reasons per the following paragraph)

Am I reading that correctly?  Given the dramatic increases in rent in less than three years and what other identical units in the building currently rent for (35% more), it would be a big deal if he has to renew and can only raise the rent by the legal adjustment.

Thanks....as always!