What are the first steps to take?
If your tenant has stopped paying rent, the first step is to ensure clear and formal communication. This not only helps to avoid misunderstandings, but also serves as a basis for possible legal action in the future.
Here's what you should do:
- Send a registered letter with acknowledgment of receipt: This is an essential procedure. The letter should explain the situation of non-compliance and request immediate payment of the rent arrears;
- Include a reasonable deadline for payment: Usually between 5 and 10 business days. This shows good faith and allows the tenant to rectify the situation before taking more drastic measures;
- Keep all records: Be sure to keep a copy of the letter and proof of delivery. These documents may be necessary if you have to resort to legal action.
Essential steps in communicating with the tenant:
- Send a registered letter with acknowledgment of receipt to formalize the breach;
- Reasonable deadline for payment of overdue rent (usually 5 to 10 business days);
- Keep all proof of mailing and communication for possible legal action.
Termination of the lease agreement
When the tenant continues to fail to pay rent, despite attempts at amicable resolution, it may be necessary to proceed with the termination of the lease agreement. However, this decision must be made with great caution and always in accordance with the law. The landlord must ensure that all formal procedures are followed correctly, avoiding future legal problems.
The termination of the contract must be done in writing, preferably by registered letter with acknowledgment of receipt, so that there is proof of communication. It is essential that this letter clearly states the reasons for the termination, such as repeated failure to pay rent, and complies with the clauses set out in the lease agreement. The applicable legislation, namely the New Urban Lease Regime (NRAU), must be respected, as it establishes specific deadlines and conditions for this type of action.
In addition, the landlord must be prepared for a possible eviction process if the tenant does not voluntarily leave the property after the termination of the contract. This legal process, which can be lengthy, must be brought before the court or the National Rental Office.
Procedures for terminating the lease agreement:
- First try to reach an amicable solution through clear and formal communication with the tenant;
- Send a registered letter with acknowledgment of receipt explaining the reason for terminating the contract;
- Check whether the lease agreement has specific clauses governing termination for breach of contract;
- Ensure that you are acting in accordance with the legislation in force (NRAU);
- If the tenant does not leave voluntarily, initiate eviction proceedings.
Source: https://quor.pt