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Reis & Pellicano International Lawyers

Landlord issues in Porto - seeking advice 🙂  


Posts: 4
 Dim
Community Member
(@dim)
New Member
Joined: 4 months ago

Dear forum peers, 

Recently I moved out of my apartment in Porto and the landlord refused to return my deposit for no other reason than to take advantage of the fact that I'm a foreigner (from Belgium 🙂

I was legally registered at the address (I have proof of residency from the Camara in Matosinhos) but I'm sure the landlord did not declare the rental income I paid every month for the 6 months I lived there. 

My question is, can I - ANONYMOUSLY - report this man to the fiscal authorities (Financas) for rental income tax evasion? I have proof of bank transfers, whatsapp messages etc. 

Prior to taking any action from my side I would appreciate any advice. 

Thank you very much. 

Dimitri 

7 Replies
Posts: 2679
VIP Member
(@peterfc)
Famed Member
Joined: 14 years ago

Hi Dim

I am sorry but i don't know the answer but wait because someone may have the answer you need.

Peter

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1 Reply
 Dim
Community Member
(@dim)
Joined: 4 months ago

New Member
Posts: 4

@peterfc ok no problems - thanks for your message!

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Posts: 64
VIP Member
(@tartntiny)
Trusted Member
Joined: 6 years ago

Hi Dimitri,

Based on what you said I am sure the landlord was not registered.  Did the landlord have you sign a contract and then register it at Finanças? 

Have you checked on your Finanças page to see if there are any rent receipts registered?  If he is over 65 (or is it 70?) they only have to register the income the following year by the end of February I believe. (that is my situation but she sends paper receipts every month too)  But younger than that and they have to do it monthly online. 

I think you have no recourse in getting back your deposit as it sounds like there was no contract.  I am the type of person who would contact Finanças with the situation and see what they say before making a formal complaint ...I  suggest doing that before giving any revealing information.  Could be the process is more hassle than it's worth.  

Good luck

Tania

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1 Reply
 Dim
Community Member
(@dim)
Joined: 4 months ago

New Member
Posts: 4

@tartntiny Thank you for taking the time to look at my issue. To answer, no he did not have me sign a contract. In fact I went to financas and they registered me without asking for a contract copy. All I provided were my payslips with the address listed and that sufficed. 

On my financas page there are no rent receipts registered, the landlord is in his early 40's so pretty sure he's not declaring it. 

Yes I agree it could be a hassle and I don't want to go to court etc. I'll think about contacting financas and asking for their advice. Many thanks for your help 🙂 

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Posts: 22
VIP Member
(@adensoph)
Eminent Member
Joined: 13 years ago

This "Right to Complain" that the EU fundamentals give us EU citizens has always been trivialised here in Portugal by the higher right of a local 'not to be complained about'!

Time and again, in buyer / seller situations we get told to 'fill in the complaints book'. Which is intentionally often pointless as any investigation by the relevant 'competent body' at best gives the suggestion that "Yes you have a case, we suggest you take it to a court". In full knowledge that this may trigger a Defamation Claim when lodged. Which the foreigner MUST lose. As happened to us following a complaint to OTOC about an accountant whose 'scam' cost us 11,000 euros in unpaid tax. Their honour was more important than us broadcasting their dishonesty and incompetence! 

Reporting a dodgy landlord or filling in a Complaints Book only makes sense if foreigners on social media can then warn others that they have done so and adding details like .... 
"Landlord X in  estrada dos ditadores didn't give me my deposit back so I told Financas". Or "be careful of lawyer / accountant Y in town Z - they seriously turned us over and we would never trust them again"

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1 Reply
 Dim
Community Member
(@dim)
Joined: 4 months ago

New Member
Posts: 4

@adensoph thank you for sharing your experience, and truly sorry to hear that you got scammed big time like that. My financial loss is only a fraction, but equally frustrating.

As is so often the case foreigners are the dupes when it comes to money matters in pirate territory 😉 

We just have to learn the (expensive) lessons from this experience and connect with trustworthier people in the future. People we know through friends or family for example. 

 

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Posts: 1
Community Member
(@temadam)
New Member
Joined: 1 month ago

Denouncing your former landlord to the 'financas' won't bring your deposit back, though may be a means of exacting revenge. But that's all it will do, and you'll probably never know whether they follow up on it. You have said you don't want to go to court, but depending on the amount, you may have no other option. By the sound of things, I doubt your former landlord would give the deposit back unless he's threatened with legal action. Unless you're prepared to go to court, I feel you'll never see your deposit.

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