# Around and around I go



## Sooty (Oct 28, 2009)

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!


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## luisfeliciano (Oct 28, 2009)

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




Sooty said:


> 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!


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## Sooty (Oct 28, 2009)

*At a standstill!*



luisfeliciano said:


> 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.


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## omostra06 (Sep 11, 2007)

Sooty said:


> 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?


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## Sooty (Oct 28, 2009)

omostra06 said:


> 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.


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## omostra06 (Sep 11, 2007)

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


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## Jamesie (Sep 17, 2009)

omostra06 said:


> 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 ?


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## omostra06 (Sep 11, 2007)

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.


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## Jamesie (Sep 17, 2009)

omostra06 said:


> 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 !


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## omostra06 (Sep 11, 2007)

Jamesie said:


> 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.


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## Jamesie (Sep 17, 2009)

omostra06 said:


> 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.


Thanks Derek, very helpful.


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## omostra06 (Sep 11, 2007)

Jamesie said:


> Thanks Derek, very helpful.


no problem


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