Glossary

ação de despejo

Published 30 October 2026, 20:39
ação de despejo — court action for eviction

An ordinary court case in which the landlord seeks to end the tenancy and have the home vacated. It follows the general rules of civil procedure, with a claim, a defence, a hearing and a judgment. The landlord goes to court when the fast-track procedure through the BAS is not available (the contract is not in writing, stamp duty has not been paid, the tenancy has not been declared) or when the grounds require a court (noise, damage to the home, subletting without consent).

Where you come across it. A summons from the court; a dispute with the landlord about eviction.
While the case is under way, the tenant must keep paying the current rent or deposit it. If arrears reach two months or more, the tenant is given 10 days to pay, after which the landlord may ask for immediate eviction.