°µÍø½ûÇø

Menu
°µÍø½ûÇø
Search
Magazine
Search

influx of subletting of rooms without home owners' knowledge -

pscarson

After months of investigating Portugal's rental laws, and much help from this site,  we now have a better understandung of how occupiers (have decided NOT  to refer to them  as tenants since no homeowner approved their tenancy or had knowlege of their existance) illegally gained acces not only to our property in Portugal but also accessed the bank Iban information. To our  shock we have uncovered a continuous influx of rooms  being sublet without home owners knowledge and therefore without  room  agreements.  The subletters passed on the house key and the banking details.  These occupiers intentionally moved in without our acknowledgement, without our agreement to rent and they also speradically paid into the bank account.  Now the most recent subtenant is complaining that we did not  maintain the house to the standards required, that they were not provided with a lease or receipts.  At this time I don't yet have a POA to discuss this matter with the Portal das Financas.  We have to travel there to deal with this in person.  How can we create a room agreement with this occupier given the circumstances?  We don't have an energy certificate (dont  yet know how to request one) no agreement is approved by the Financas and I don't want to lock into a one year room agreement when there are repairs to be done.  From the emails I received we need to do an all out inspection of the property and we don't doubt repairs will be  needed. 

I asked the person when their school term would end this year so he could remove all his belongings so the family could make a second trip to access the house to do, or manage, the repairs (plumbing, electricity, toilets, goes on).  We are willing to work around this date.  But what are my options if this person continues to ignore my request?  Continues to stay there after the school term ends ? Should I try to request an energy certificate?  How long will that take? Can I create a short term student  agreament until June 2023?  Can the amount being paid be increased at this time?   These people have destroyed the house.  Can a security deposit be requested to cover the utilities if not paid?  Given the short timing can I request 3 months rent in advance so they don't take off without paying. 

P.S. I do have a lawyer but want to do as much of the leg work that I can.

Sorry for the longwinded post. Many thanks.

See also

Real estate listingsBuying property in PortugalBuying property in PortoAccommodation in PortoAccommodation in Lisbon
JohnnyPT

I don't understand your case. Did your tenant sublet your house? To avoid this, lease contract should state that subletting is not allowed. You must be or have someone physically close to your home to keep in touch with what is happening, and be able to legally report it if necessary.


If you are far away from your rented home, I suggest you use a condominium management company. Otherwise, you can expect these situations from less reliable tenants... Similar to those tenants you would find in Canada, or any other country ....


How to request the energy certificate:

/forum/viewtopic.p … 54#5605923

(Post #21)

nz7521137

Hello Johnny,

do you have an idea how the Portuguese law is dealing with so called squatters (people that enter a home illegally and without a tenancy agreement and just live in the house. I heard (I am aware that this is vague) that it is very complicated in Spain and France to legally get these people out of the house again, unless it happenes within 48 hours of illegal occupancy.

Cheers, Tom

JohnnyPT

Hi Tom,


Illegal occupation of houses has happened in Portugal but only in social houses that are unoccupied. I don't know of any other cases of illegal occupation of houses belonging to portuguese people (2nd homes) or °µÍø½ûÇøs.


In Spain this is a problem: