Decree-Law No. 34/2021, of 14 May, was published and finally approved the regime for the injunction procedure in matters of lease.

The lease order injunction was created by Law No. 13/2019, of February 12, as a procedural means designed to enforce the following rights of the lessee:

-         Payment of a certain amount of the compensation owed for carrying out works on the account of the landlord;

-         Cessation of activities causing risk to the health of the tenant;

-         Correction of deficiencies in the location causing a serious risk to the health or safety of people or property;

-         Correction to prevent the fruition of the leased.

The Government has now come to approve the long-awaited regime that provides that the application for an injunction must be submitted to the Service of Injunction in matters of Lease (SIMA).

Upon receipt of the application, SIMA immediately sends notification to the defendant, in 15 days to (i) demonstrate the execution of the subpoena that is the subject of the application, or (ii) to file opposition.

If no opposition is filed within that 15-day period, executive force is attributed to the Injunction Request, which allows the tenant to immediately effect his request through the use of an executive action.

It is now up to the Government to regulate by Ordinance the rules related to the procedure of this injunction, namely, the model and form of presentation of the injunction.