Putting a property on the rental market allows you to capitalize on a property, but know that there are several factors to consider when doing this.

 

Find out in this guide that we have prepared the most relevant aspects to consider when putting a property on the rental market!

PROPERTY LEASING: 

Your Guide

Lounge Real Estate

july 2024

Source: Deco Proteste and Doutor Finanças

When signing the rental contract, the Landlord may request advance payment of up to 3 rentals and a deposit whose value cannot exceed the equivalent of 2 rentals.

 

Regarding the payment of rent, this must occur by the 1st business day of each month, with tolerance being possible until the 8th day of the month. If there is a delay in paying rent, the Landlord may benefit from compensation equivalent to 20% of the amount owed. To do so, you have 90 days to notify the guarantors, if any, of the amount.

 

After the 1st year of the leasing, the Landlord can update the rent based on the rent adjustment coefficient published by INE. If you choose to update the rent, you must inform the Tenant by registered letter with acknowledgment of receipt 30 days in advance, which must include the update coefficient and the new amount to be paid.

Duration and Renewal of the Lease Agreement

Duration and Renewal of the Lease Agreement

Duration and Renewal of the Lease Agreement

By law, a lease contract must be concluded for at least one year and cannot last more than 30 years.

 

The tenant and the landlord can decide if they will renew the lease contract and under what conditions it will occur. However, the law determines that if there is renewal, contracts will automatically renewed for three years or a period equal to that of the contract concluded when it has a duration of more than three years.

 

However, in these cases, the landlord can't oppose the renewal unless he needs the property for his children's permanent residence.

 

Lease contracts may last for less than one year when intended for non-permanent housing or special transitory purposes (professional, education and training, or tourist reasons). This type of contract is not subject to automatic renewal and must indicate the special transitional reason that led to the lease.

 

You can only enter into one temporary special purpose lease per property in each calendar year when it occurs for tourism reasons.

If you have a property on the rental market where you want to end the contract or not renovate it, you must consider the legal deadlines.

 

Thus, a rental contract may end due to:

 

- Mutual agreement between the tenant and landlord

- Non-compliance with the contract by one of the parties. If it is non-payment of rent, the Owner must notify the tenant of the end of the contract by registered letter with a return receipt requested after the 3rd month of non-payment of rent

- Denouncement, that is, one of the parties notifies the other party by registered letter of their desire not to renew the lease contract within the legal deadlines.

 

In the case of the complaint, the following occurs:

 

- Landlords must communicate their intention 240 days in advance for contracts longer than six years, 120 days for contracts between 1 and 6 years, 60 days for contracts between 6 months and one year, and 1/3 of the duration for shorter contracts to 6 months.

- Tenant must communicate their intention 120 days in advance for contracts longer than six years, 90 days for contracts between 1 and 6 years, 60 days for contracts between 6 months and one year, and 1/3 of the duration for shorter contracts to 6 months.

When placing a property on the rental market, some taxes apply to the rental value:

Stamp Tax

When you sign the rental contract, you must pay a Stamp Tax corresponding to 10% of the monthly rental value.

 

In addition, you must pay Stamp Tax at the rate of 10% whenever you introduce changes to the rental contract that lead to an increase in the rental value, with periodic rental updates not being considered for this purpose.

Income Tax

Termination of the Lease Agreement

Payment and Update of Rentals

Termination of the Lease Agreement

Payment and Update of Rentals

Taxes to Pay

Payment and Update of Rentals

Taxes to Pay

Termination of the Lease Agreement

Taxes to Pay

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