Around and around I go

[Sooty]

I'm trying to find out how (where, which Modelo) to apply for necessary Licence to rent out my property for long term. I have called Camara, Finanças been on web sites. All I've managed is a headache!

[luisfeliciano]

Hi,
There is no Modelo for rent out contracts. If you want I can send you the one we ussually use here in the office. But must be adapted. Send me an email to luisfeliciano hotmail com, and I replly with the attached contract.
Regards

Originally Posted by Sooty

I'm trying to find out how (where, which Modelo) to apply for necessary Licence to rent out my property for long term. I have called Camara, Finanças been on web sites. All I've managed is a headache!

[Sooty]

Originally Posted by luisfeliciano

Hi,
There is no Modelo for rent out contracts. If you want I can send you the one we ussually use here in the office. But must be adapted. Send me an email to luisfeliciano hotmail com, and I replly with the attached contract.
Regards

Thank you for that. I will be in touch.

[omostra06]

Originally Posted by Sooty

I'm trying to find out how (where, which Modelo) to apply for necessary Licence to rent out my property for long term. I have called Camara, Finanças been on web sites. All I've managed is a headache!

Hi Sooty
Are you asking for a copy of a rental contract between you the owner and the tennant?
or
Are you asking if you need to have a license to rent your property long term, some sort of tourism license?

[Sooty]

Originally Posted by omostra06

Hi Sooty
Are you asking for a copy of a rental contract between you the owner and the tennant?
or
Are you asking if you need to have a license to rent your property long term, some sort of tourism license?

Thanks for the reply. Feed back is showing that I don't need the Licence which is required for holiday rentals. I am the owner and I would like to have a form of contract with the tenant on a six monthly basis. This once was the law, but as everything changes so quickly it's hard to keep up.

I want to be within the law and (even) pay any taxes required.

[omostra06]

Standard legal rental contract here in Portugal is for 5 years. but either party can cancel with notice.

[Jamesie]

Originally Posted by omostra06

Standard legal rental contract here in Portugal is for 5 years. but either party can cancel with notice.

i know English people who use an English six month shorthold tenancy agreement.
Is it legal here ?

[omostra06]

As you work with an estate agency Jim you should already be aware, that it would not be a legal contract in portugal.
all contracts here would have to be written in Portuguese and fit all requirements of the Portuguese law, 5 years contract is standard contract time frame.
you can have a contract written in English and Portuguese, but its only the Portuguese part that makes up the legal content.

[Jamesie]

Originally Posted by omostra06

As you work with an estate agency Jim you should already be aware, that it would not be a legal contract in portugal.
all contracts here would have to be written in Portuguese and fit all requirements of the Portuguese law, 5 years contract is standard contract time frame.
you can have a contract written in English and Portuguese, but its only the Portuguese part that makes up the legal content.

Hi Derek
I don't actually work with an estate agency, we have a Joint Venture Agreement where we do the advertising for them and they are aware of the Portuguese system you speak of but I put the question to them that if an English owner of a property in Portugal had a six month shorthold tenancy agreement with an English tenant in England under the English legal system and had a translation of it would it be recognised as a contract under Portuguese Law ?
They did not know the answer as they only use the Portuguese system.
As we have a tax treaty with Portugal and a health treaty I wondered if the same applied in other areas.
So I asked two lawyers and one said it would hold up and the other said it would not !

[omostra06]

Originally Posted by Jamesie

Hi Derek
I don't actually work with an estate agency, we have a Joint Venture Agreement where we do the advertising for them and they are aware of the Portuguese system you speak of but I put the question to them that if an English owner of a property in Portugal had a six month shorthold tenancy agreement with an English tenant in England under the English legal system and had a translation of it would it be recognised as a contract under Portuguese Law ?
They did not know the answer as they only use the Portuguese system.
As we have a tax treaty with Portugal and a health treaty I wondered if the same applied in other areas.
So I asked two lawyers and one said it would hold up and the other said it would not !

sorry jim, i thought you were one of us....

as an example,
if someone was to rent your house here in portugal, then stop paying the rent and not leave, it would be the portuguese courts that you would have to use to get them out, they would not recognise any english rental agreement as the property and situation are here in portugal, and only the portuguese courts could help you. so if you want to have any weight to a legal contract in portugal, it has to be written in portuguese and witnessed and registered here in portugal.