Know your right as a tenant if you are renting
For those who rent an apartments in Macau: (this is for your reference only, always consult with a registered Macau Lawyer before you make any decision regarding you property rental contract).
· Minimum time limit of all rent of housing apartments – 2 years. The 1st contract period cannot be under 2 years, regardless of what is in the contract and was signed by the parties, 1 year, 6 moths, etc. Article 1038 line 2 of Codigo Civil.
· Termination of rent – Landlord must give 90 days in advance written warning, article 1039 line b) of Codigo Civil.
· Rent upgrade – Can only be done if: the Landlord remodels the apartment, if stated on the contract that the 1st year you will pay X amount (example: 5000mop) and then on the 2nd year you will pay X amount (example: 6000mop) or by the agreement of BOTH parties, Article 999 line a) and b) of Codigo Civil
· The contract is considered automatically renewed for 1 year, after the 2 years of the 1st contract, if no advance written warning is given (or proven, see personal notes), Article 1038 line 1 of Codigo Civil.
MOST IMPORTANT RULE;
· ONLY a Macau Court of Law can decide to terminate the contract and to evict the tenant, article 1017, line 2 of Codigo Civil, if the landlord tries to “evict” someone and unlawfully enters the premises he will be charged with home invasion, punishable by 1 year in jail or a up-to-240 day fine, Codigo Penal article 184 line 1.
· I have hear of some cases were the Landlord puts a metal chain in the door stopping the tenant to enter his leased apartment, well in this cases the law is very clear, the Landlord cannot stop you from using something, in this case the apartment, that you legally rent, Article 982 line1 and 2 of Codigo Civil, doing so he incurs in a fine and possible restitution if damages arise from this behavior. Article 1201, 1204, 1209 line1 and 2 of Codigo Civil, just call the police.
· Whatever is not in accordance to the Law is considered null and void and the Law applies, Article 5 line 2 of Codigo Civil.. So, you can even sign a 6 month rent contract that under the eyes of the Law, it is considered a 2 year contract, Article 1038 line 2 of Codigo Civil.
Here follows the links to the Law, CODIGO CIVIL, that regulates amongst many things, the Rent of houses in Macau, Portuguese and in Chinese version only.
(Sorry, no English version).
This is the Official Macau Government website.
CHN version of Civil code http://bo.io.gov.mo/bo/i/99/31/codcivcn/codciv0901.asp
PRT version of Civil code http://bo.io.gov.mo/bo/i/99/31/codcivpt/codciv0901.asp
Hope this is helpful to you and don't be afraid to exercise your right to fair treatment by land lords.
Very helpful, Many thanks
Wow, good article, didn't know as a renter we had that many rights in Macau (or any!).
Thanks for highlighting them.
Another tip for all. You will find it difficult to find any landlord wanting to sign a contract for 2 years or even if you do they will put a clause (which is illegal) for them to have the option of asking you to leave before the 2 years. So go ahead and sign the contract, as these early termination clauses are illegal the law applies which means your contract is good for the minimum 2 years and because is most cases they will not include in the contract the lawful 10% rent upgrade after the 1st year, that means you have the right to stay in the property for 2 years paying the same rent.
My experience is that 9 out of 10 cases where the tenants challenge the contract that are not drafted according to the law the landlord will, sometimes after checking themselves with a lawyer, let the tenant stay and not bother going to court as they know they will lose. I am not a lawyer but have experience in these matters and I do know quite a few Macau lawyers and all I have stated here as been check with them.
The Portuguese community in Macau which is well informed of the law has been able to stay in the properties they rent for 2 years and usually with no increase in rent for that period. I have also found that the biggest problem here is with the Property agencies which knows the law but advises landlords to sign short terms contracts (less then 2 years) with tenants as this makes for a much more appealing investment and that also means they can get commission much sooner then every 2 years per each property they manage. My experience is that 9 out of 10 cases where the tenants challenge the contract that are not drafted according to the law the landlord will, sometimes after checking themselves with a lawyer, let the tenant stay and not bother going to court as they know they will lose. I am not a lawyer but have experience in these matters and I do know quite a few Macau lawyers and all I have stated here as been checked with them.
Hi there, nice article. Very helpful.
Im wondering if does these rules apply to all
Or just to locals? Ive mentioned this because
Macau usually has double standards for blue card holders.
As a bluecard holder i had experienced a lot of
these standards.
And another question, im about to end a year contract
and my agent want to increase my rent from 4500 to 6000
Or leave. She called me with less than a month left in our contract.
After reading this article, it left a lot of questions that needs
anwering. Anyone there who can help?
Do you guys can recommend a lawyer?
Thanks for sharing the info Lmaster99... very helpful!
Had to share, can't stand the web of lies that the agencies and landlord spun to catch out the unwary in my beloved Macau, this deception is one of the main drivers of the exploding rents so please share it, everyone should know their rights, and don't be afraid to go to court if you have to, remember in the first 2 years of contract the law is on your side as long as you keep your end on the bargain.