On May 15, Decree-Law no. 34/2021 of May 14, which establishes the tenant’s injunction regime (IMA) and sets the rules of the Tenant’s Injunction Service (SIMA) entered into force.
The injunction in lease matters is intended to render effective the tenant’s rights regarding the payment of a certain amount of the compensation due for the accomplishment of works in lieu of the landlord, termination of activities that pose a health risk to the tenant, rectification of faults in the leased premises that pose a serious risk to the health or safety of persons or property, and correction of an obstacle to the use of the leased premises.
Each IMA procedure applies to only one urban building or autonomous fraction of which the applicant is a tenant.
In these cases, which are considered rental harassment, if the injunction is decreed, the tenant may require the property owner to pay a fine for each day of non-compliance, aggravated when the tenant is 65 years of age or over or has a proven degree of disability of 60% or over.
SIMA will enforce the IMA application if the defendant, after being notified, does not object within the indicated period. The defendant may oppose the injunction within 15 days of its notification, and this matter will be decided by the relevant court.
Whenever the enforcement involves construction work, this must be based on the municipal council’s minutes and the writ of execution under the terms of the proceedings entitles the claimant to undertake work on the leased premises or on the common parts of the building of which they are part. Upon payment of the outstanding compensation for the carrying out of works in lieu of the landlord, following the enforcement formula or judgment, SIMA must make available the deed or the court decision or notify the claimant to, within 10 days, attach documents to the proceedings or appoint the legal representative in the enforcement for payment, with the respective power of attorney.
Whoever misuses the injunction procedure incurs liability under the civil procedure law.
The parties must be represented by a legal representative in the procedural acts following the distribution of the injunction procedure.
03/03/2022