On November 30th 2021, the Ordinance No. 257/2021 of November 19, which regulates the regime for injunction proceedings in matters of lease (henceforth referred to as “IMA”), entered into force.
The IMA was created by Law No. 13/2019 of February 12 and consists of a procedure intended to enforce the tenant’s rights to the payment of a fixed amount of the compensation owed for the execution of works in place of the landlord, to the cessation of activities causing serious risk to the tenant’s health, the correction of deficiencies of the lease that generates a serious risk to the health of the rental, or to the safety of persons and property, as well as to the correction of impediment to the enjoyment of the lease premises
This Ordinance regulates, among other aspects, the presentation of the application for an injuction in matters of lease, the application for the injunction and the other applications, the electronic processing of the procedure, the manner in which communications and notifications are made, the provision of the enforcement instrument to the applicant and the ways of consulting the procedure.
The procedure is electronic and can be accessed in the Digital Services Area of the Courts, where the enforcement order to which the enforcement has been applied is also available for consultation by entering a single reference, which is available to the applicant of the injunction. The delivery of the reference by the applicant to any entity, public or private, replaces the delivery of the enforcement order.
Despite the entry into force of the Ordinance on November 30th, some provisions will only take effect on April 1st 2022 (or before, if technical conditions allow). As some of these provisions refer to the procedure itself, to the Digital Services Area of the Courts or to the single reference for consultation of the enforcement order, a transitional regime is foreseen and regulated, which in general terms translates as follows:
- The submission of applications to SIMA is made by personal delivery to the services, by registered mail or by fax.
- Notifications made by SIMA to the parties, whether represented by a PoA, and all other communications between SIMA and the courts, PoA, enforcement agents, are sent by post, with the indication that they have been signed using a qualified electronic signature.
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