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Newsletter 08 Oct 2020 · Portugal

Meet the Law - Extension of the extraordinary tenant protection regime

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Law 58-A/2020, 30 September

Extension of the extraordinary tenant protection regime

Law 58-A/2020 of 30 September has been published, which amends Law 1-A/2020 of 19 March on exceptional and temporary measures in response to the epidemiological situation caused by the SARS-CoV-2 coronavirus and COVID-19 disease.

The law, which came into force on 1 October 2020, suspends until 31 December 2020:

  • The effects of the termination of housing and non-housing leases made by the landlord;
  • The termination of housing and non-housing leases, unless the tenant does not object to the termination;
  • The effect of the revocation, the opposition to the renewal of housing and non-housing leases made by the landlord;
  • The term eviction of the building in case of termination of lease agreements, if the end of that term occurs during the period in which the exceptional and temporary measures to respond to the epidemiological situation caused by the SARS-CoV-2 coronavirus and the COVID -19 disease are in force; and
  • The foreclosure of a mortgage on a property which is the permanent residence the foreclosed party.

However, the legislator clarifies that only the tenant that have paid the rent due in that month, namely between the months of October and November 2020, is entitled to benefit from the suspension, unless the tenant is benefiting from the legal regime of deferment of rent for non-housing leases foreseen in article 8 of Law 4-C/2020, of 6 April, recently amended by Law 45/2020, of 20 August.

Finally, the deadline for the submission of applications for financial support from the Institute for Housing and Urban Rehabilitation, I.P. is also extended until 31 December 2020.

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