Landlords or tenants: How to terminate a lease?

When it comes time to terminate a lease there is a set of rules to comply, so that no one is penalized, as determined by Law No. 31/2012 of August 14. Be it in terms of deadlines or ways of proceeding.
 

Communication of the complaint:

Where one of the parties intends to terminate a lease, it must communicate that intention to the other party in writing and by registered letter (this must include clear identification of the sender, the receiver and the reasons for termination).
 

Ways to rescind:

The period of notice of the intention to terminate the contract varies according to the duration of the contract.
 

Deadlines for communication:

If the duration of the contract is equal to or greater than 6 years, its termination must be fair with 120 days in advance. If the duration was equal to or greater than 1 year but less than 6 years, the period for renunciation shall be 60 days, to 30 days when the initial duration or renewal is longer than 3 months and less than 1 year. If the duration is less than three months, the notice must be given after one third of the initial duration of the contract or its renewal.
 

Opposition to renewal:

Another way to resolve a contract is to choose not to renew it automatically.

For the landlord must communicate the intention to the tenant at least 240 days in advance when the duration of the contract is equal to or greater than 6 years. If the duration of the same was equal to or greater than 1 year but less than 6 years the communication must be made 120 days in advance. If the duration of the contract exceeds 6 months but less than 1 year the notice must be made 60 days in advance. When less than 6 months the period is reduced to one third of the duration of the contract.
 

These need to have a reason to terminate the lease with the respective tenant - need of the property for own housing or descendants in the first degree; Demolition or remodeling works that require the vacancy of the property or that have a cost of 25% of the patrimonial value of the same (having to prove with documents of works of the chamber and indemnify the tenant in the equivalent equivalent to income of 2 years); Income in arrears - taking into account that tenants have 3 months of tolerance).
 

On the part of the Tenant the communication deadlines are shorter, going to the 120 days when the duration of the contract is equal to or superior to six years. The notice period is reduced to 90 days, when the duration of the contract is equal to or greater than one year and less than six years. When the duration of the same is equal to or greater than 6 months but less than 1 year the notice of opposition must be sent 60 days in advance. (These do not need a reason to terminate the lease).

Fonte: Idealista/news