Terminating rental agreement (as tenant) due to faults

Hi Paul, Welcome.

Try insisting with the manager about the problem.

In your case, as it's a 1-year lease, you can terminate the contract with 3 months' notice at any time.

You should have checked that the appliances worked before renting. Or perhaps the problem is a faulty electrical panel or insufficient power...

Or go to a lawyer. But what you'll pay for the lawyer would be enough to pay for a electrician. I don't know if this helps...

You have some support here:

https://www.expat.com/forum/viewtopic.p … 93#5075338

Post #11, 5a. Termination by the tenant

https://quor.pt/imobiliario/rescisao-de … endamento/

...

Regards

@JohnnyPT

Thank you. Yes, it's always prudent to check every thing. Is there any circumstance in which a tenant can unilateraly terminate the agreement due to the apartment being unusable?

Yes, in that situation you should be able to terminate the rental contract. I'm not an expert but A** from *** knows everything about rentals. Give her a ring.

Yes, you can terminate the contract if there are no living conditions. But your lease will have to be analysed to see if there are any obstacles.

But according to the Portuguese civil code, articles 1082 and 1083, a tenant can unilateraly terminate the agreement

Artigo 1082.º

Revogação

1 - As partes podem, a todo o tempo, revogar o contrato, mediante acordo a tanto dirigido.

2 - O acordo referido no número anterior é celebrado por escrito, quando não seja imediatamente executado ou quando contenha cláusulas compensatórias ou outras cláusulas acessórias.

Artigo 1083.º

Fundamento da resolução

1 - Qualquer das partes pode resolver o contrato, nos termos gerais de direito, com base em incumprimento pela outra parte.

...

4 - É fundamento de resolução pelo arrendatário, designadamente, a não realização pelo senhorio de obras que a este caibam, quando tal omissão comprometa a habitabilidade do locado.

https://diariodarepublica.pt/dr/legisla … 5-66219174

You should also check with the local Finanças that the rental contract has been registered with them as required by law, and if the Finanças says the rental contract is not registered, you have another strong reason to cancel it and get all your money back.

Good luck!

I think that you cannot simply terminate your contract without giving the landlord the opportunity to rectify the situation. This can take some time considering how hard it is to get qualified technicians. Before you moved in you should have checked whether all appliances are in good working order. If you are unable to check this then you should have noted in the contract that you need a termination right in case any of the appliances stop working.

Hi and Welcome.

If not done so already then do the basics first,     send a letter detailing complaints and dates and signed for upon delivery,  register a complaint in their company  "Livro de Reclamações". Obviously avoid discussions over the phone unless backed up by a following email/letter or the situation goes

"she said ********** "     

No I didn't  I said  ************

etc.

I your letter you may need to substantiate your complaints to stop them claiming all was working so you must have broken stuff.

Good Luck