How to Avoid Eviction: Guide for Tenants in Debt

Loures City Council moves forward with eviction of 400 tenants

The Loures City Council has decided to proceed with the eviction of around 400 tenants from municipal neighbourhoods due to prolonged non-payment of rent. This measure comes after several years of attempts at regularisation, including instalment payment plans, contacts and notifications to tenants in debt. Despite these efforts, a third of the tenants did not respond or agree to any plan, leading the local authority to opt for eviction in order to free up housing for those on the waiting list for social support.

What is eviction and how does the process work?

Eviction is the legal procedure that allows the landlord to recover the property when the tenant fails to fulfil their contractual obligations, namely the payment of rent. The special eviction process in Portugal begins with a notification to the tenant, who has a legal deadline to respond or rectify the situation. If there is no response or payment, the landlord can go to court, and a vacancy order will subsequently be issued.

Measures to avoid eviction

Avoiding eviction is possible, even in situations of non-compliance. Here are the main steps and recommendations:

1) Pay the rent arrears
The most effective way to avoid eviction is to settle the rent arrears as quickly as possible. In many cases, full or partial payment of the rent arrears can suspend or even cancel the eviction process.

2) Negotiate an agreement with the landlord or local authority
If it is not possible to pay the entire debt immediately, try to negotiate a phased payment plan. Many local authorities and landlords accept agreements to settle the debt, provided there is good faith and commitment on the part of the tenant.

3) Always respond to notifications
Ignoring official notifications only aggravates the situation. When you receive an eviction notice, respond within the legal deadline (usually 15 days), expressing your willingness to resolve the problem or contesting the decision if you consider it unfair.

4) Seek legal support
If you cannot afford a lawyer, you can seek free legal aid, which is available to people on low incomes. Legal support is essential to contest the eviction or negotiate more favourable terms.

5) Present social or economic reasons
In situations of particular vulnerability, such as long-term unemployment, serious illness, disability or advanced age, you can ask the court to postpone or dismiss the eviction. The court may consider factors such as the impossibility of finding another home, the tenant's health or financial condition to decide whether the eviction is justified.

6) Fulfil all contractual obligations
In addition to paying the rent, it is important to comply with all the clauses of the tenancy agreement, such as the proper use of the property, respect for the condominium rules and not subletting the property to third parties without authorisation.

7) Maintain open communication
Whenever you face financial difficulties, notify your landlord or local authority immediately. Transparent communication can facilitate negotiation and prevent the start of the eviction process.

What to do if you have already received an eviction notice
 

Avoiding eviction depends mainly on fulfilling your contractual obligations and your ability to respond to financial difficulties. The case of the Loures City Council shows that, even after several opportunities and regularisation plans, a lack of response and negotiation can lead to the loss of housing. Staying informed, acting quickly and seeking specialised support are essential steps to protect the right to housing and avoid forced eviction in Portugal.

Source: SUPERCASA