ARTICLE
10 November 2020

Constitutional Court Considers Unconstitutional The End Of Old Rents For Lack Of Response From Occupants

This is a decision taken on a specific case, however, it may influence other cases that will be judged in the same circumstances.
Portugal Real Estate and Construction
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This is a decision taken on a specific case, however, it may influence other cases that will be judged in the same circumstances.

The new rent law of 2012 determines that if the landlord wants to update an old contract, prior to 1990, he has to send the occupant a new contract proposal, with a new duration and a new rent value. The Occupant has then 30 days to respond, after the deadline, and if there is no response, a positive value is attributed to the occupant's silence, transferring the previous contract to the New Urban Lease Regime (NRAU). Based on a concrete consonance, the Constitutional Court declared this procedure unconstitutional without the occupant "having been informed of the alternatives that assist him and without being warned of the effect associated with his eventual silence". Also considering the rule in question a disproportionate restriction on the Right to Housing.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
10 November 2020

Constitutional Court Considers Unconstitutional The End Of Old Rents For Lack Of Response From Occupants

Portugal Real Estate and Construction
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