PS and PSD insist on the lease term for tenants' right of first refusal – Policy



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The PS and the PSD insist on the duration of the lease as a criterion for the exercise of the right of preference of tenants in the transmission of housing, contrary to what the BE defends, according to the legislative proposals announced Saturday

of the consideration of the bill n ° 848 / XIII modifying the civil code for "the improvement of the exercise of the rights of preemption by the tenants" presented by BE, the deadline for the submission of the amendment proposals ended on Friday, "The tenant has a right of first refusal in the purchase and sale of rented premises more than three years ago", proposed the PS, arguing that the current wording of the Civil Code is maintained, while the BE proposal eliminates the reference to the duration of the lease.

The PSD wants the criterion to be d and lease "for more than three years", according to the proposal put forward by the Social Democratic members

The 27th housing package, which is discussed by the working group on housing, urban rehabilitation and city policies, Bill 848 / XIII was introduced after the "news of the intention of the Fidelidade administration to dispose of an important part of its real estate assets, "said parliamentary group BE

. , the amendment to the Civil Code aims to "ensure that tenants can exercise the right of first refusal within a reasonable time and provided that they have a lease, and that the landlord is responsible for the landlord". establishment of the property in a horizontal ownership regime ".

In addition to the term of the lease, the delay in the exercise of pre-emptive rights by tenants The BE bill extends the period of exercise of the right of pre-emption from eight days to 90 days, but the PS suggests "30 days from the date of receipt" of the communication sent by registered mail with

Inserted in the term, the BE took advantage of the presentation period of the proposals to change the diploma to add that "the communication is made by registered letter With acknowledgment of receipt. "

In the case of" sale of the thing with others ", Bill 848 / XIII seeks to eliminate" l & # 39; The exercise of the right of pre-emption with other assets ", to which the PSD requests the elimination of this proposal and the PS asks that the thank you indicate in the communication" the price which is proportionally attributed to the property in question, as well as what is sold together. "

The BE legislation iniciative also states that" the sale of a partially rented building that is not owned horizontally depends on the constitution of the horizontal property to permit the 39, exercise of the right of preference, on pain of nullity ", proposal that the PSD intends to eliminate and the SP decided to amend the wording to include a" demonstration of appreciable harm "so that it can be legitimate to require that the preference apply to all other fractions.

With respect to the application in time, Bill 848 / XIII states that "amendments to the Civil Code are applicable to all contracts in force, regardless of their prior termination under the previous legislation ", that the PS has decided to amend so that the law" applies to contracts of sale or execution in respect of real estate concluded after its entry into force. "

With regard to Regarding entry into force, the BE diploma However, the PSD wants it to be three months after the day of publication.
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