In the current dynamic of the real estate market in Portugal, the management of commercial assets requires constant vigilance. One of the greatest challenges for landlords is contractual breach by tenants. But when does eviction cease to be a mere possibility and become the necessary solution? And, more importantly, how can it be carried out legally and swiftly?

When can the landlord proceed with eviction?

Eviction cannot be an arbitrary procedure. Among the most common situations that may justify the termination or cessation of a lease agreement are the following:

• Non-payment of rent: in cases where the tenant fails to pay rent corresponding to a period of three months or more, the law allows the termination of the lease agreement;
• Improper use of the property: termination of the lease agreement is legally admissible in cases where the tenant uses the premises for a purpose different from that agreed in the contract or for the practice of unlawful activities;
• Unauthorized works: carrying out works that substantially alter the leased premises without the landlord’s due consent constitutes grounds for contractual termination by the landlord;
• Expiry of the lease agreement: in cases where the lease reaches its term;
• Opposition to the renewal of the lease agreement by the Landlord.

Special Eviction Procedure and Judicial Action

In the event of termination of the lease agreement — whether due to expiry, termination notice, opposition to renewal or resolution — and if the tenant does not voluntarily vacate the property, the landlord may resort to the Special Eviction Procedure.

This procedure is filed with the Tenant and Landlord Desk (Balcão do Arrendatário e do Senhorio – BAS) and is intended to obtain, in a faster manner, an enforceable title for the recovery of possession of the leased premises.

After the application is submitted:

i. The tenant is notified to vacate the property or to submit an opposition;
ii. If no opposition is filed, a title for recovery of possession of the leased premises is issued;
iii. An enforcement agent may proceed with delivering the property to the landlord, and the intervention of the authorities may be requested to ensure the landlord takes possession.

In cases where the termination of the contract is based on non-payment of rent, the landlord may, cumulatively with the eviction request, claim the outstanding rents.

If the tenant files an opposition, the case is referred to court and proceeds under the terms of a judicial eviction action.

It will then be for the court to assess the validity of the contract, the existence of breach, and the legality of the termination of the lease.

If the decision is favourable to the landlord, enforcement proceedings may be initiated for the recovery of the property.

The recovery of a property leased for commercial purposes requires not only legal grounds but also strict compliance with the procedures established by law.

In situations of breach, the timely assessment of the specific case and the choice of the appropriate legal mechanism may be decisive for achieving an effective and legally secure solution.

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