These Terms and Conditions ("Agreement") govern the relationship between property owners ("Owners") and Zeah Property Investments, Lda. ("Zeah", "we", "us", or "our") regarding property management services provided across Portugal. By engaging our services, you agree to be bound by these terms.
1. Description of Services
Zeah Property Investments provides comprehensive property management services for residential apartments and properties located in Lisbon, Porto, and the Algarve regions of Portugal. Our services include, but are not limited to:
- Property Management: Day-to-day oversight and administration of rental properties on behalf of the Owner, including property inspections, key management, and operational coordination.
- Tenant Placement: Marketing of available properties, screening and vetting of prospective tenants, conducting viewings, and facilitating lease execution.
- Rent Collection: Collection of monthly rental payments from tenants, disbursement of net proceeds to Owners, and management of any arrears or late payments.
- Maintenance Coordination: Arrangement and supervision of routine maintenance, emergency repairs, and property upkeep through our network of vetted contractors and service providers.
- Regulatory Compliance: Guidance on applicable Portuguese housing regulations, short-term and long-term rental licensing (Alojamento Local), and tax reporting obligations.
- Financial Reporting: Provision of regular financial statements detailing income, expenses, and management fees associated with each property.
The specific scope of services shall be defined in the individual Management Agreement executed between Zeah and the Owner.
2. Management Fees
Zeah charges management fees based on the service package selected by the Owner. Fee structures are outlined in our current pricing packages and are subject to the following terms:
- Management fees are calculated as a percentage of gross rental income collected, or as a fixed monthly fee, as specified in the Management Agreement.
- Fees are deducted from rental income prior to disbursement to the Owner.
- Additional fees may apply for services outside the agreed package scope, including but not limited to major renovations, legal proceedings on behalf of the Owner, or emergency call-out services.
- A tenant placement fee may be charged upon the successful placement of a new tenant, as detailed in the Management Agreement.
- Zeah reserves the right to revise fee structures with no less than 60 days' written notice to the Owner. Continued use of services after the effective date of revised fees constitutes acceptance.
- All fees are subject to applicable Portuguese VAT (IVA) at the prevailing rate.
3. Owner Obligations
By entering into a Management Agreement with Zeah, the Owner agrees to:
- Provide accurate and complete information regarding the property, including its legal status, existing encumbrances, and any known defects.
- Ensure the property complies with all applicable Portuguese building codes, safety regulations, and habitability standards.
- Maintain valid property insurance covering structural damage, third-party liability, and natural disasters, as required under Portuguese law.
- Provide Zeah with all necessary keys, access codes, and authorisations required for effective property management.
- Promptly fund approved maintenance and repair works as communicated by Zeah, or maintain a reserve fund as agreed.
- Notify Zeah of any changes in property ownership, legal status, or contact information within 14 days.
- Comply with all applicable Portuguese tax obligations related to rental income, including declaration of earnings to the Autoridade Tributária.
4. Tenant Placement
Zeah undertakes tenant placement with due care and professional diligence:
- We conduct reasonable background checks on prospective tenants, which may include verification of identity, employment references, previous landlord references, and credit assessments where legally permissible.
- While we exercise professional judgement in tenant selection, Zeah does not guarantee the conduct, solvency, or reliability of any tenant placed.
- The Owner retains the right to approve or reject any prospective tenant, provided such decisions comply with Portuguese anti-discrimination legislation.
- Zeah will market vacant properties through appropriate channels, including online property portals, our website, and professional networks.
- Vacancy periods may occur between tenancies. Zeah is not liable for rental income lost during reasonable vacancy periods.
5. Lease Agreements
All lease agreements between Owners and tenants shall be governed by the following principles:
- Lease agreements will be drafted in compliance with Portuguese tenancy law (Lei do Arrendamento Urbano — NRAU) and executed on behalf of the Owner by Zeah where authorised.
- Standard lease terms, rental amounts, payment schedules, and deposit requirements will be agreed upon between Zeah and the Owner prior to tenant placement.
- Security deposits collected from tenants will be held in accordance with Portuguese law and the terms of the Management Agreement.
- Zeah will manage lease renewals, terminations, and any necessary legal notices in accordance with statutory requirements and agreed procedures.
- Any modifications to lease terms require prior written approval from the Owner unless emergency circumstances necessitate immediate action.
6. Maintenance and Repairs
Zeah coordinates all maintenance and repair works as follows:
- Routine Maintenance: Regular upkeep including cleaning of common areas, minor repairs, and preventive maintenance will be carried out as part of the agreed service package.
- Emergency Repairs: Zeah is authorised to arrange urgent repairs up to an agreed monetary threshold (as specified in the Management Agreement) without prior Owner approval to prevent property damage or ensure tenant safety.
- Major Works: Repairs or improvements exceeding the agreed threshold require prior written approval from the Owner, accompanied by quotations from qualified contractors.
- Zeah engages licensed and insured contractors for all works. However, we do not guarantee the quality of third-party workmanship beyond exercising reasonable care in contractor selection.
- Costs of maintenance and repairs are the responsibility of the Owner and will be deducted from rental income or invoiced separately, as agreed.
7. Insurance and Liability
Insurance and liability responsibilities are allocated as follows:
- The Owner is responsible for maintaining comprehensive property insurance, including coverage for building structure, contents (where applicable), third-party liability, and natural hazards.
- Zeah maintains professional indemnity insurance covering our management services and operations.
- Zeah shall not be held liable for damage or loss caused by tenants, natural events, structural defects pre-existing our management, or circumstances beyond our reasonable control.
- The Owner agrees to indemnify and hold Zeah harmless against any claims arising from property defects, non-compliance with building regulations, or hazards not disclosed to Zeah.
- Tenants are encouraged to obtain their own contents insurance. Zeah is not responsible for tenant belongings.
8. Termination
Either party may terminate the Management Agreement under the following conditions:
- Notice Period: Either party may terminate the Agreement by providing 90 days' written notice, unless otherwise specified in the Management Agreement.
- Immediate Termination: Either party may terminate immediately in cases of material breach that remains uncured for 30 days following written notification.
- Upon termination, Zeah will provide a full accounting of all funds held, transfer all relevant documentation and keys, and facilitate an orderly handover.
- Any outstanding fees, expenses, or obligations accrued prior to the termination date remain payable.
- Existing lease agreements with tenants survive the termination of the Management Agreement. The Owner assumes direct responsibility for tenant relations upon termination.
- An early termination fee may apply if the Agreement is terminated before the minimum term, as specified in the Management Agreement.
9. Governing Law
This Agreement and all services provided by Zeah Property Investments shall be governed by and construed in accordance with the laws of the Portuguese Republic. Both parties submit to the jurisdiction of the courts of Lisbon, Portugal, for the resolution of any disputes arising from or related to this Agreement.
Where applicable, European Union regulations on consumer protection and data privacy (including the General Data Protection Regulation — GDPR) shall apply in addition to Portuguese national law.
10. Dispute Resolution
In the event of any dispute arising from this Agreement, the parties agree to the following resolution process:
- Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation within 30 days of written notice of the dispute.
- Mediation: If negotiation fails, the parties agree to submit the dispute to mediation administered by a certified mediator in Lisbon, with costs shared equally.
- Arbitration or Litigation: If mediation does not resolve the dispute within 60 days, either party may refer the matter to the competent courts of Lisbon, Portugal, or to arbitration under the rules of the Centro de Arbitragem Comercial da Câmara de Comércio e Indústria Portuguesa.
11. Limitation of Liability
To the fullest extent permitted under Portuguese law:
- Zeah's aggregate liability under this Agreement shall not exceed the total management fees paid by the Owner during the 12-month period preceding the event giving rise to the claim.
- Zeah shall not be liable for any indirect, incidental, consequential, or special damages, including loss of rental income, loss of property value, or reputational harm.
- Zeah's liability is limited to damages directly caused by our proven negligence or wilful misconduct in the performance of our duties under this Agreement.
- Nothing in this clause excludes or limits liability for death, personal injury caused by negligence, or fraud.
12. Intellectual Property
All intellectual property rights relating to Zeah's brand, logo, marketing materials, proprietary management systems, software, processes, and documentation remain the exclusive property of Zeah Property Investments, Lda. The Owner may not use, reproduce, or distribute Zeah's intellectual property without prior written consent.
Photographs, floor plans, and property descriptions created by Zeah for marketing purposes may be used by the Owner upon termination of the Agreement, subject to appropriate attribution where required.
13. Confidentiality
Both parties agree to maintain the confidentiality of all non-public information exchanged during the course of this Agreement, including but not limited to:
- Financial information, rental income details, and fee structures.
- Tenant personal data, in accordance with GDPR and Portuguese data protection legislation (Lei n.º 58/2019).
- Proprietary business processes, client lists, and internal communications.
- Property-specific information including access codes, security arrangements, and valuations.
This obligation survives the termination of the Agreement for a period of two years, except where disclosure is required by law or regulatory authority.
14. Force Majeure
Neither party shall be liable for failure to perform obligations under this Agreement if such failure results from circumstances beyond reasonable control, including but not limited to:
- Natural disasters, severe weather events, earthquakes, or flooding.
- Pandemics, epidemics, or public health emergencies declared by Portuguese or international authorities.
- Government actions, changes in legislation, sanctions, or regulatory orders.
- War, civil unrest, terrorism, or industrial action.
- Significant disruptions to utilities, telecommunications, or essential services.
The affected party must provide prompt written notice and take all reasonable steps to mitigate the impact. If a force majeure event persists for more than 180 days, either party may terminate the Agreement without penalty.
15. Amendments
Zeah reserves the right to amend these Terms and Conditions at any time. Amendments shall take effect as follows:
- Material changes will be communicated to Owners in writing no less than 30 days before the effective date.
- Continued use of Zeah's services after the effective date of any amendment constitutes acceptance of the revised terms.
- Owners who do not accept amendments may terminate the Agreement in accordance with the termination provisions set out in Section 8.
- The most current version of these Terms and Conditions will always be available on our website at zeah.pt/terms.html.
16. Contact Information
For any questions, concerns, or notices relating to these Terms and Conditions or our services, please contact us:
This document constitutes a legally binding agreement. We recommend that all parties seek independent legal advice before entering into a Management Agreement with Zeah Property Investments, Lda.