NATIONAL RENTAL OFFICE

The NRO was created in January 2013 and applies in all cases where tenants fail to meet their responsibilities, forcing landlords to evict tenants by force. These are some of the reasons why landlords turn to the NRO:

- Termination of contract by revocation (there is an agreement to revoke the lease, in which both parties agree to end the contract on a certain date, but the tenant does not vacate the premises);
- By expiry of the term;
- Opposition to renewal;
- Free termination by the landlord;
- By termination to house the landlord or children, for major works;
- By termination, namely for non-payment of rent for two or more months or in cases of arrears of more than 8 days in the payment of rent, for more than four consecutive or interpolated times in a 12-month period.

Thus, the NRO is a virtual court registry administered by the state, which has designated powers for the entire national territory. The NRO can be accessed directly by the landlord or by a lawyer or solicitor representing him. All the processing inherent to the PED in the NRO is done electronically through a computer platform.


How much does it cost to access the NRO?

To access the NRO, the landlord has to pay a court fee of between €25.50 and €51.00 depending on whether the value of the SDP is equal to or less than 30,000 euros, or more than this amount. The value of the SDP corresponds to the rent for two and a half years, plus any outstanding rent.

If the DPE is distributed to the court, the amounts mentioned above will be increased by the court fees determined according to the course of the proceedings.

Is it compulsory to have a lawyer?

Within the scope of the special eviction procedure, it is only compulsory to appoint a lawyer to oppose the eviction request and in the acts following distribution to the court.


What is the eviction application?

The eviction request is a specific form, which tends to be electronic, approved by order of the Minister of Justice, through which the landlord requests that the rented premises be vacated. The paper version can be downloaded here.

How is the eviction request submitted?

_ Through a lawyer or solicitor, by filling in and submitting the electronic form available on the CITIUS computer system, accessible at http://citius.tribunaisnet.mj.pt; 
_ Through the NRO platform - http://www.bna.mj.pt - by electronically signing the citizen's card (you need to have a citizen's card reader), attaching all the documentation digitally and electronically signing the application;
_ By filling in the eviction application form directly on the NRO platform - http://www.bna.mj.pt - in a PDF file. Once validated, the system will provide a reference with which the landlord, within 10 days, must go, accompanied by a paper version of all the documents he wishes to attach, to a court office where the process will be completed. The court clerk's office, via the reference, accesses the eviction application and scans and attaches the necessary documentation submitted by the landlord;
_ By handing in the paper application to a court clerk's office, accompanied by all the documents they wish to attach, duly filled in and signed, which is then entered into the NRO platform by the respective officials who will scan the remaining documents.


What action can the tenant take once the eviction notice has been served?

In addition to vacating the property or submitting an opposition, in the case of residential leases the tenant can apply to the judge of the court where the property is located, via the NRO , for the eviction of the tenant to be deferred for compelling social reasons.


Can the tenant oppose the landlord's request for eviction?

The tenant has 15 days from the date of notification of the eviction request to submit their opposition electronically.
In order to file the opposition, the tenant must appoint a representative (lawyer or solicitor).


How can the opposition be submitted?

_ By proxy, by sending it electronically via the CITIUS computer system, accessible at http://citius.tribunaisnet.mj. pt, together with the necessary documents in electronic form, the date of the procedural act being the date of dispatch;
_ It can be delivered in paper form to the NRO, together with the paper version of all the documents that must accompany it, the date of the procedural act being the date of delivery;
_ It can also be sent by post, under registration, to the NRO, together with the paper version of all the documents that must accompany it, the date of the procedural act being the date of the respective postal registration.

NOTE: If you submit your objection on paper, you will have to pay a fine of 2 UC (units of account = 102€). Proof of this payment must be submitted with the opposition.


Does the tenant have to pay any fees for submitting an opposition to the eviction request?

If you are not a beneficiary of legal aid, a court fee is due for submitting the opposition, which must be paid at the same time.


What other documents must the defendant attach to the opposition?

If the request for eviction is accompanied by a request for payment of rents, charges or expenses, the defendant must provide proof of payment of a deposit in the amount of the rents, charges or expenses up to a maximum of six rents.


Does the tenant have to continue paying rent to the landlord?

Pending the special eviction procedure, the rents that fall due must be paid or deposited, under the general terms, failing which the NRO will convert the eviction request into a title to vacate the premises.


How long does the tenant have to leave the property after the eviction request has been converted into an eviction notice?

The tenant has 30 days to remove their belongings, failing which they will be considered abandoned.
What is the procedure when the tenant refuses to leave the property?
The enforcement agent, notary or bailiff in charge of the diligence requests the court, when the object of the lease is the home, to authorize immediate entry into the home.





Source: https://bna.mj.pt