Leasehold Injunction

The law that establishes the Regime of Injunction Proceedings in matters of Leases was published. The figure of the leasehold injunction order (IMA) was introduced by Laws No. 12/2019 and 13/2019, which provides for measures aimed at correcting situations of imbalance between tenants and landlords, with a view to protecting tenants in a situation of special fragility.

IMA is a procedural means aimed at enforcing the tenant’s rights to the payment of a fixed amount of the amount of compensation due for the execution of works in substitution of the landlord, making the request enforceable if no opposition is lodged. The decree-law also regulates the Leasehold Injunction Service, which will be responsible for processing these special procedures, with competence throughout the national territory.

If the injunction is decreed, the tenant may require the landlord to pay a penalty for each day of non-compliance as of that date, in the amount of EUR 50,00, which may be deducted by the tenant from the payment of the outstanding monthly rents until compliance with the injunction is demonstrated by the landlord to the tenant.

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[Photo by: Breno Assis, available at]