Decree-Law no. 34/2021, of 05/14/2021 approves the Regime for the Injunction Procedure in Matter of Lease and regulates the Injunction Service in Matter of Lease (SIMA).
The lease injunction (IMA) is a measure that gives executive force to the application aimed at guaranteeing the tenant's rights.
WHAT WILL CHANGE
The regime for special leasing procedures to enforce the rights of the lessee is approved.
Each procedure concerns only an urban building or an autonomous fraction of which the applicant is a tenant.
The application is submitted at SIMA and may be refused if, for example, it is not signed or if it does not indicate the competent court to consider the case.
SIMA- Rental Injunction Service
SIMA is the judicial secretariat with exclusive competence for processing, throughout the national territory.
Its staff chart is defined by an order of the members of the government responsible for finance and justice.
SIMA attributes the power of enforceable title to the IMA application if the defendant does not object to it within 15 days or when the respective justice fee is not paid.
EXTINCTION OF THE PROCEDURE
The Injunction Procedure in matters of Leasing is extinguished:
• with the applicant's recognition of compliance with the measure;
• by the applicant's withdrawal from the procedure;
• on the death of the plaintiff or defendant.
The processing of special procedures is carried out, preferably, electronically, under the terms defined by decree of the member of the Government responsible for the area of justice.
In order to file an injunction application, it is not mandatory to appoint a legal representative.
The member of the Government responsible for the area of justice has 60 days from the publication of this decree-law to create, through an ordinance, the rules related to the IMA procedure.
This Decree-Law, when approving the IMA:
• corrects situations of imbalance between tenants and landlords and reinforces the security and stability of urban leasing.
• protects tenants in situations of special fragility.
Decree-Law no. 34/2021 05/14/2021 enters into force on May 15, 2021.