At the moment many people may be experiencing a situation of apprehension about the payment or receiving of their rent, during the COVID-19 pandemic.
The Assembly of the Republic was not insensitive to the issue and approved the exceptional regime for situations of late payment of the rent, during the pandemic.
The law creates a model of protection for tenants and landlords in cases where it is possible to verify the decrease of income exceeding 20%, for any of them.
In order to benefit from this measure, tenants must inform the landlord by writing a notice within 5 days prior to the payment of the rent. In addition to the notification, the applicant must deliver the documentation supporting the condition - a salary receipt to prove the loss of income, for example.
In the case of non-residential lease:
"This law covers establishments open to the public, which have been forced to close or have their activities suspended by the declaration of the State of Emergency, and they are granted the right to defer payment of rent due (during the State of Emergency and in the first month following) to the 12 months after that period, in monthly payments".
As previously mentioned, the landlord was also contemplated in the law in question, and with regard to the non-residential lease, the regime provides for it:
"Landlords who suffer a loss of more than 20% of their income and that loss is caused by the non-payment of rents by the tenants, may request the grant of a loan, without interest, to compensate the amount of the monthly rent, due and unpaid, whenever the remaining available income of the household diminishes, for such reason, below IAS".
Having said that, one important matter is when these measures are implemented. According to the new regime, the measures must be implemented from 1 April 2020.
Text: Cleyton Oliveira
Sources: Almeida Caeiro – Lawyers