One of the several measures already announced by the Government, in the scope of the combat of the housing crisis, is destined to the security of the owners of rented houses, through the payment of the rents in delay from the third month of non-payment, being assured not only this payment, but also the eviction of the tenants. However, in case there is a social reason for the delay in the payment of the rent, the State will also be responsible for the resolution of that situation.
How does this measure work?
According to the Government, this support will be applied whenever the landlord reports the situation with a request to the "Balcão Nacional de Arrendamento" (National Counter for Tenants), in order to obtain guarantees regarding the default of his tenants. Thus, it will have to be the landlord who reports the situation of non-compliance, with the entry of an eviction request, so that the necessary follow-up can be given.
What happens next?
Once the mechanism is activated, an evaluation is made of the reasons for the non-payment in order to ascertain the reasons. If it is due to some type of financial need, the State will provide a social response. However, if there is no justification, the eviction process is initiated, in a quick manner, through the National Rental System.
How is the debt collected?
After evaluating the economic situation of the tenant, the State may collect the debt through the legal means currently at its disposal. In case of financial insufficiency, the articulation with Social Security will be guaranteed in order to provide support to the family. In situations of eviction, this is ensured by judicial instances.
Last year alone, two thousand eviction requests were presented due to non-compliance and the Prime Minister confirmed that "after three months of non-compliance in the payment of the rent, the State substitutes itself to the tenant so that the landlord is not harmed", assuming the responsibility of the collection of the rent in default.
Abuse will not be admitted, and it has already been confirmed that if a landlord activates this mechanism in a situation where the tenant presents proof of compliance, with rents paid on time, this is a case of abuse of the system and the landlord will be obliged to pay "a violent fine" so that he does not repeat this illegality.