These documents are requested by real estate agents who claim to be ensuring the fulfillment of rental contracts with landlords.

However, consumers report that this demand is made even before they have signed any rental contracts, without there being any contractual relationship established between them and the real estate company.

In 2018, a bill was published approving the model real estate mediation contract with general contractual clauses, which include the identification of the business, the identification of the property, the liens and charges, the contracting regime, the payment, the obtaining of documents necessary for the realisation of the business, guarantees of mediation activity, the term of the contract and the duty of collaboration and obligations of the second party.

Also according to this decree, the future tenant must co-operate with the agent in providing all the useful information. However, DECO does not agree that documents such as tax returns and pay slips can be requested without breaching the principles laid down in the General Data Protection Regulation (GDPR).

All data collected must be adequate, relevant and limited to what is necessary, as well as being used for specific, explicit and legitimate purposes, and cannot be further processed in a way that is incompatible with those purposes.

Early rental payments

There are more and more complaints, as well as concerns and doubts relating to the early payment of rent and the amounts of security deposits.

The 2023 State Budget Law, which introduced an amendment to the Civil Code, establishes new regimes for these two matters. Thus, if there is a written agreement, the rent can be paid in advance for a period of no more than two months, and the landlord can only ask the tenant for a deposit of no more than two rents.

DECO is against the request for money from the future tenant to visit a property, as it is not included in this regime, nor does it have a current legal framework. The association argues that legal solutions should be developed for this type of matter.

If you're looking for a house and have questions like these, please contact DECO. Send your complaint to DECO via whatsapp +351 966 449 110 or via contact form and help DECO report to the competent authorities the need for better regulation.

Author

Paula Martins is a fully qualified journalist, who finds writing a means of self-expression. She studied Journalism and Communication at University of Coimbra and recently Law in the Algarve. Press card: 8252

Paula Martins