As the lease is a very present reality in our legal system and so that it does not end up being a source of problems for the landlord or tenant, I dare to launch here two suggestions for greater security for both.
The first suggestion is more than that. It's a must. However, we are well aware that, although there is such an obligation, sometimes the temptation not to declare the lease is enormous, not only because of the taxes that are due at the beginning of the contract by the landlord, but also because the income obtained is considered for that for IRS purposes.
However, if in the short term it can be understood as something desirable, just think that, in addition to being a non-compliance punishable with high fines, it can also be a problem for the landlord if, due to non-compliance by the tenant, he intends to resort to the Special Procedure eviction – a faster mechanism without the need to resort to traditional judicial means – and cannot do so due to the absence of a contract.
The second suggestion is to make known a tool developed by the Order of Solicitors and Enforcement Agents: the Auto de Veração. With this tool, both the landlord and the tenant guarantee greater certainty as to the reality of the leased property.
Let's imagine that, at the beginning of a lease, the solicitor is called to the site to prepare the aforementioned document. Immediately, it checks the existing reality, attesting facts and events and rejecting any opinion or value judgment.
As the name implies, the solicitor confirms the reality that he finds in the place, so that, at any time during the duration of the contract or upon delivery of the property at the end of it, any discrepancies can be observed. We talk, in particular, about the state of conservation of the walls, appliances and furniture, utensils in the house, among others.
For this purpose, the requester can use various means, such as capturing an image, video or noise. You can even call on experts, such as an architect or an engineer, to ensure a technical assessment of a given situation.
Finally, this notice is deposited on a computer platform to ensure its validation and temporal preservation.
Knowing that the property must be used prudently by the tenant and delivered at the end of the contract under the same conditions in which he found it, except for any wear and tear from normal use, this instrument guarantees greater security for both parties, avoiding This way, discussions about how it was at the beginning of the contract, since, being faced with a long-term contract, it is not always easy to remember each and every situation at the verified date.
You know, lease, but do it safely and avoid inconveniences!
Author Francisco Serra Loureiro is a solicitor
Note: Article published under the partnership between the Sul Informação and the Order of Solicitors and Enforcement Agents
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