by | Feb 16, 2024 | Mais Habitação, Owners, Rentals, Tenants

After the approval of the Mais Habitação law no. 56/2023, a new ordinance, Portaria Nº 49/2024 was published yesterday in the Diário da República, regulating the operation of the Balcão do Arrendatário e do Senhorio, or BAS, loosely translated as the Tenant and Landlord Counter, or service.

This service comes into operation today, February 16th, is available for the entire country, and replaces previous services known as the Balcão Nacional do Arrendamento (BNA) and the Sistema de Injunção em Matéria do Arrendamento (SIMA).

The BAS constitutes an alternative to the common courts, and has competence to accept and process special eviction and injunction procedures regarding rental matters, in theory to ensure a more simplified and efficient process, especially in the case of the so-called “procedimento especial de despejo

The procedimento especial de despejo (special eviction procedure) is intended to be used when the tenant does not vacate the leased property on the date stipulated by law or on the date fixed by the contractual agreement between the parties, with the possibility of including a demand for the payment of unpaid rent.

The Balcão do Arrendatário e do Senhorio may be accessed here, using the Chave Móvel Digital, or Digital Mobile Key, which is available to citizens of all nationalities, whether resident or non-resident.

The ordinance called Portaria Nº 50/2024 was published at the same time, defining guarantees for low-income tenants affected by special eviction procedures at the BAS, and indicating the criteria for defining the tenant as lacking sufficient resources, presumably to enable exemptions from certain eviction processes. The criteria are defined as the tenant receiving any of the following:

a) Unemployment benefits;
b) Family benefit for children;
c) Old-age pension;
d) Social disability pension under the special disability protection regime;
e) Solidarity supplement for the elderly;
f) Complement of benefits for social inclusion;
g) Support allowance for the main caregiver;
h) Social insertion income.

Let’s hope this new service works efficiently for both owners and tenants.