Construction & Real Estate

Exceptional Regime for Situations of Non-Payment of Non-Housing Rents: Amendments and Support

Law no. 75-A/2020 of 30/12 and Ordinance 15-B/2021 of 15/01

Following publication of Law no. 75-A/2020 of 30 December, the exceptional regime for situations of late payment of rent due under housing and non-housing lease contracts was amended, in the context of the COVID-19 pandemic.

The Decree-Law amended the extraordinary and transitional regime for tenants' protection, determining the suspension, until the 30th of June 2021 of the effectiveness of the several causes of termination of leases, namely the automatic termination or opposition to the renewal of lease agreements.

It was also established new rules for the default in the payment of rents by establishments which have remained closed, by legal or administrative determination, since March 2020 and which, on 1 January 2021, remain closed. Deferred rentals in 2020 and the months of 2021 in which establishments remain closed, may be settled between 1 January 2022 and 31 December 2023. The duration of these contracts is extended for the period of the closure measure and the suspension of the effects related to the termination of the rental contracts is also extended to that period.

Finally, a non-repayable grant – APOIAR RENDAS Programme - has been created for tenants who, in 2020, suffered losses: for losses between 25% and 40%, the grant is 30% of the rent, with a limit of EUR 1200 per month; for losses of more than 40%, the grant is 50% of the rent, with a limit of EUR 2000 per month.

Ordinance 15-B/2021 of 15 January established the access requirements to the non-refundable rental support, setting the maximum limit of support to be granted per company at 40,000.00 euros.

The APOIAR RENDAS Programme is already open for applications.

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