On 30th September 2020, Law 58-A of 30 September was published, which “extends” the extraordinary regime of protection for tenants, proceeding with the sixth amendment to Law 1-A/2020, of 19 March.
We list below the main amendments:
A – Extraordinary and transitory regime for the protection of tenants (Law no. 1-A/2020, of 19 March):
Are suspended until 31st December 2020:
- the effects of complaints made by the landlord about housing and non-residential leases;
- the lapse of residential and non-residential leases, unless the lessee does not object to the termination;
- the revocation, the opposition to the renewal of housing and non-housing leases by the landlord takes effect;
- the period of six months indicated in the Civil Code for restitution of a building in the event of termination of lease agreements, if the end of that period occurs during the period in which the exceptional measures take effect;
- the foreclosure of a mortgage on a property that is the property of the foreclosed party’s permanent residence.
Under this new rule, the suspension until 31st December 2020 depends on the regular payment of the rent due that month, by reference to the rent due from October to December 2020.
This new rule does not apply to lessees covered by the rent deferral regime for non-housing leases.
B – New deadline for the submission of applications for the granting of loans by the Instituto da Habitação e da Reabilitação Urbana, I.P. (IHRU):
Until 31st December 2020, applications may be submitted for financial support from the IHRU for arrears in the payment of rent due under housing leases, provided that there is a drop in income.
The possibility of such a loan does not apply to housing tenants in special rental or lease regimes, such as supported rental, supported rent and social rent whose income shortfall leads to a reduction in the amount of rent due by them.
This information is of a generic nature and does not dispense the need to consult the official documentation and legislation in force at all times.