■ What is the special procedure for eviction?
It is a remedy that is intended to effect the termination of the lease, regardless of the purpose for which it is intended, when the tenant does not vacate the leased on the date prescribed by law or by the date set by agreement between the parties.

■ Where runs under the special procedure for eviction?
This procedure for electronic processing, runs exclusively under the National Tour of Rent (BNA), auspices of the Directorate-General of the Administration of Justice (DGAJ) covering the entire national territory.

■ The cases that apply the special procedure for eviction?
It applies in the case of termination by agreement (revocation), as opposed to the renewal of both the landlord wants the tenant, by forfeiture or lapse of the period fixed in the contract, termination of contract by the landlord or the tenant, for resolution on the basis of late payment of rent and the ground resolution in opposition of the lessee to carry out works.

■ What are the conditions for special disposal procedure be accepted?
Its acceptance depends, among other conditions, the existence of a written lease agreement and proof of having paid the respective stamp duty.

■ It is compulsory to appoint a lawyer?
Under the special procedure for eviction is only mandatory to appoint a lawyer for filing an opposition to the application for eviction and subsequent distribution to court actions.

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■ What is o Request of Ousting?
The Request of Ousting is a proper, tended electronic form, approved by Decree of the Minister of Justice, through which the landlord asks the evacuation of the premises.

■ How does the application for eviction is presented in Balcão Nacional do Arrendamento (BNA)?
‣ For intermediary of lawyer or solicitor, through the fulfilling and sending of available eletrónico form in informático system CITIUS, accessible through the address http://citius.tribunaisnet.mj.pt.

‣ Through the platform of BNA – http://www.bna.mj.pt/ – by means of electronic signature of the citizen card (it is necessary to possess the reader of the card of the citizen), joining all the documentation in digital form and signing the petition electronically;

‣ For the filling, directly on the BNA platform – http://www.bna.mj.pt/ –, of the form of the petition of dump in PDF file type. After validated the system it will supply a reference with which the landlord, in the stated period of 10 days, must direct itself, with the paper version of all documents you wish to join, to a judicial secretariat where the process will be completed. The judicial secretariat, through the reference, accedes to the ousting petition and proceeds to the scan and annexation from the necessary documentation presented by the landlord;

‣ For the delivery of the petition in paper in a judicial secretariat, accompanied by all the documents you wish to join, duly completed and signed, and subsequently introduced into the BNA platform by the respective employees who will digitize the remaining documents.

■ What are the judicial departments to receive the Request of Ousting?
Are set by order of the Director General of the Administration of Justice (DGAJ) and made available in electronic pages http://www.dgaj.mj.pt, in http://www.bna.mj.pt/ and http://citius.tribunaisnet.mj.pt.

■ In what format must be presented the documents that if they intend to join to the Special Request of Ousting?
Only can associate documents in portable document format (.pdf), and may not exceed, in total, the size of 5Mb.

■ There is scope for payment of fees by the landlord, for the presentation of the Request of Ousting?
After online submission of Request of Ousting the system automatically assigns a reference to the landlord will be available for the payment of court fee, subject to advance you power the benefit of legal aid for welfare have been granted.
The amount of the court fee due is as follows:
    a) 25,50€ if the value of the special procedure of eviction was equal to or less than 30.000,00 €;
    b) 51€ if the value of the special disposal procedure was greater than 30.000,00 €.
Note: The value of the special procedure dump corresponds to the value of the income of two and a half years plus the amount of rent due.

■ How can the landlord pay the fee due for the Request of Ousting?
Through ATM and "homebanking" or along the banks appointed by the Treasury Management Agency and the Public Debt - IGCP, EPE, contained in the information to be disclosed by joint circular of Director General of the Administration of Justice (DGAJ) and the Institute Financial Management and Equipment of Justice, IP (IGFEJ), published in the electronic address http://www.citius.mj.pt.

■ How long the landlord has to pay the court fee due for submitting the Request of Ousting?
The landlord has 10 days to pay the court fee.

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■ The tenant may object to the Request of Ousting filed by the landlord?
The tenant has 15 days from the notification of the requirement to file the opposition dump electronically.
To file the opposition the tenant must be representative (lawyer or solicitor).

■ What actions can be taken from the tenant notice of the Request of Ousting?
In addition to vacate the property or to oppose, where rental housing for the tenant may apply to the judge of the court of the situation of the property, through the BNA, delaying eviction from leased for compelling social reasons.

■ As the opposition may be filed?
‣ For representative, by electronic transmission in the computer system CITIUS, accessible via the address http://citius.tribunaisnet.mj.pt, along with the necessary documents in electronic format, valid as of the date of commission of the respective procedural act dispatch;

‣ Can be delivered in paper form at BNA, along with the paper version of all documents that are to follow, valid as of the date of commission of the respective procedural document delivery;

‣ an also be sent by mail, in record, BNA, along with the paper version of all documents that are to follow, valid as of the date of commission of the procedural act realization of the respective registered post.

Nota: The delivery of the opposition in paper format requires the payment of a fine of 2 UC (units of account). The proof of this payment must be shown together with the opposition.

■ There is scope for payment of fees by the tenant, by an objection to the application for eviction?
If it is not in receipt of legal aid court fee is payable by an objection which payment must be verified at the same time.

■ What other documents the defendant should join the opposition?
If with the application for eviction aggregate request for payment of rents, charges or expenses, the defendant shall submit proof of payment of a deposit of rents, charges or costs to the corresponding six maximum rents, except in cases receiving legal aid.

■ What happens if submitted opposition to the application for eviction?
The BNA submit a copy to the applicant and presents the special procedure dump the distribution indicated by the applicant in court.

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■ You can concurrently with the application for eviction other requests?
The application for eviction request for payment of rents, charges or expenses that run on behalf of the lessee may be cumulated. The landlord has an attachment to the application for eviction should complete since this claim is asserted in the application for eviction.

■ Is there a place to a fee in overlapping claim for payment of rents, charges or expenses?
If the application is converted into dump title for vacating the leased, is due court fee for this request. This fee will be paid if the landlord is notified for this purpose.

■ The tenant must continue to pay rent to the landlord?
Pending the special procedure of eviction, the rent that accrues must be paid or deposited, in general terms, under penalty of BNA convert the document dump title to vacate the leased.

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■ The application for eviction may be refused by the Balcão Nacional do Arrendamento (BNA)?
Be refused if:
‣ Not be addressed to the Balcão Nacional do Arrendamento (BNA);
‣ Not indicate the ground of eviction;
‣ Do not add the required documents;
‣ Not indicate the amount of income;
‣ Not indicate the identity of the parties or the place of notification of the tenant;
‣ Not included in the approved design;
‣ Do not show pay court fees and stamp duty;
‣ The request does not fit the purpose of the procedure;
‣ Not indicate the form of legal aid or not attach written proof of your application or the grant;
‣ Ii unsigned.

■ The landlord can deliver new application after refusal of application for eviction by the Balcão Nacional do Arrendamento?
The landlord may, within ten days of notification, deliver new application for eviction that will be part and complete the prior application dump.

■ The objection raised by the defendant can not be considered valid?
The opposition has not deducted by the court fee or security prove not paid within the opposition.
Where legal aid has been requested and the same was rejected the defendant is within 5 days of notification of the final decision of its refusal to prove the payment of court fees and collateral.

■ What happens if the tenant does not object to the application for eviction?
The document dump is automatically converted to vacate the leased title.

■ QHow long the tenant has to leave the leased after the application for eviction be converted title of unemployment?
The tenant has 30 days to proceed with the removal of their property under penalty, exceeded that period, be considered abandoned.

■ How can the landlord take possession of the leased?
Armed with the title to vacate the leased Enforcement Agent, Notary or Justice Official moves to invest leased to the applicant in possession of the property, the help of police authorities may be requested.

■ What is the procedure to take when the tenant refuses to leave the rented?
The Execution Agent, notary or justice officer in charge of the investigation requires the court, when the object of the lease is domicile permit for immediate entry into the home.

■ The special procedure to dump the judge intervenes?
There's only intervention of the judge in the event of an objection to the application for eviction filed by the tenant, if issued, in this case to the trial.

■ There is a place of that trial in a special procedure for eviction?
In the event of an objection to the application for eviction filed by the tenant, there will be a trial.

■ Is there any possible liability on the part of the parties of the special procedure for eviction?
Whoever does abuse of the special procedure dump fits indemnify the other party for damages, even incurring a fine of not less than 10 times the court fee due.
Anyone who contravenes the court decision to vacate the leased incurs qualified disobedience.

■ How extinguishes the special procedure dum?
The special procedure dump quenched with vacating the leased, discontinuance by the applicant or death of the claimant or the defendant.

These and other questions will be answered in http://www.bna.mj.pt/.

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