How To Give Notice to Your Tenant in Lisbon

Renting out a property in Lisbon can offer various advantages such as a consistent income source, the potential for long-term capital appreciation, and the added security it provides in case of future circumstances.

Despite the benefits of letting out your property in Lisbon, there are also drawbacks to renting out a property. For instance, landlords are responsible for the upkeep of their rental properties, which can be an additional financial burden. Furthermore, owning multiple properties may result in higher stamp duty fees.

In addition, as a landlord of a rental property, it is essential to have a comprehensive understanding of your tenants' rights. This involves knowledge of various aspects, such as minimum contract duration, the necessity of a written agreement, and the proper procedure to regain control of your property while providing sufficient notice to your tenants.

Continue reading if you're a landlord in Lisbon and want to know how to give your tenants notice.

What are the Legal Rights of Tenants in Portugal?

Tenant rights in Portugal were expanded in 2020 as a result of a few modifications to the country's rental and tenancy laws. This change is referred to as "Cristas law." Here are a few of the changes it makes:

• Renting agreements must be for at least a year.
• Contracts must be extended after the first year for a minimum of three more years unless the landlord wants the property back for themselves or a member of their family.
• Unless you need to demolish the structure or conduct extensive building work, you cannot serve notice to vacate to a tenant who is 65 years or older, or who is disabled.
• You may face legal repercussions if you attempt to forcibly evict a tenant.
• If a tenant is dismissed or becomes unable to work due to an injury, they have the right to terminate the lease. In case if a co-tenant passes away, they can also terminate the lease.
• Tenants have the right to request reimbursement if something goes wrong with the rental property through no fault of their own and they have to pay to have it fixed.

Tenants in Lisbon have a lot of different rights, so many landlords opt to cooperate with a third party like UpperKey. You lease the property to UpperKey, and they promise to pay your rent. They then lease the property to their diverse customers abroad. By renting out the property in this way, you can be confident that it will be well-maintained, occupied to the fullest extent possible, and well-cared for. But, you must take into account several important factors, such as your decorations and furnishings, before renting out your property to a firm like UpperKey.

What Legal Rights Does a Portuguese Landlord Have?

Not only tenants can benefit from this law. Landlords can also gain advantage from some excellent bargains.For example, the amount of tax the landlord must pay decreases the longer the renter stays in the rental. Lisbon's tax rate is currently 28%, however it can be lowered by up to 10%. This is a tremendous benefit.

Giving a Lisbon Tenant Notice

Despite all the advantages that being a landlord might have, there are several circumstances in which you might need to give your renter a notice. For instance, you might want to sell the property or move back into it. So, in Lisbon, how do you give a tenant notice?

The first thing to be aware of is how strongly pro-tenant Portuguese law is. Only a few circumstances in Lisbon allow the landlord to break the lease. They consist of:

• Non-payment of rent
• Tenant making use of the property for purposes not specified in the lease
• Using the property for dishonest reasons
• Utilizing the asset for improper, dishonest, or illegal purposes
• Making improvements to the property without the landlord's approval
• Moreover, landlords may object to a lease extension for property improvements.

The landlord must give the tenant judicial notice one year before the lease expiration date if the tenant has complied with all of their legal requirements but the landlord still wants them to go.

How to Address a Letter of Notice to Vacate to a Tenant

You must send your tenant a letter of notice to vacate once you've made the decision that you want them to leave your property. When communicating with tenants, landlords might use a variety of letters. Here are some of the most important ones:

• This letter should be written in the event that either you or the tenant decide not to renew the lease.
• Lease terms were broken. If your renter violates your lease's terms but you're not in a rush to evict them, you can send them a letter giving them notice to leave.
• No longer rentable - You must provide your renter a no longer rentable letter if you are remodeling the property and they won't be able to stay there while the work is being done.

Each letter terminating a lease must start out with the following details:

• The location of the contested property
• The start and termination dates of the tenancy
• Name and contact information

The reason you are requesting the tenant to leave the property must then be explained, along with the process and the date you anticipate they will move out. Last but not least, you need to include details about who they can get in touch with if they have any issues or queries.

How long does it take to evict a tenant in Lisbon?

The bad news is that it may take up to 31 months to evict a renter from your property if you're renting it out on your own rather than through a service like UpperKey. This takes a lot longer than it would in Malta or the UK to evict a tenant.

In Portugal, hundreds of people decide to rent out their homes each year. Why do they do this, though? There are numerous justifications for people choosing to rent out their homes. Some people engage in it for financial gain, while others do it to get a feel for a new area. In the event that their new home does not satisfy their needs or wants, they can go back to their previous one.

Although renting out a property might be a great investment in Lisbon, there are some drawbacks as well. Knowing your position when you want your tenants to depart is one of these drawbacks. The good news is that it's considerably simpler than you may think to give your tenants notice in Lisbon. But, it can require some time. Hence, be careful to plan beforehand. Owners may also think about working with a Lisbon rental agency like UpperKey if managing a Lisbon home seems like too much work.