Tenancy or lease renewal in Macao
Renewing a tenancy or lease agreement in Macao typically involves the landlord and tenant agreeing to extend the existing terms or negotiate new ones. If no formal renewal is executed, the lease might automatically extend under certain conditions, or the parties might need to draft a new contract.
It is generally advisable for both landlords and tenants to discuss renewal intentions several months before the current lease agreement's expiry date. This allows sufficient time for negotiation, drafting new terms if necessary, or making alternative arrangements, considering factors like potential processing times if a new agreement needs to be registered.
Start 90 days ahead
This lead time is suggested to allow ample time for negotiation between the landlord and tenant, potential drafting of a new agreement, and registration if required. Negotiations can sometimes take time, and booking appointments for notarization or registration may have waiting periods.
The process
- 1Review the existing tenancy agreement's clauses regarding renewal or termination.
- 2Landlord and tenant discuss their intentions regarding extending the lease.
- 3Negotiate new terms if applicable, such as rent adjustments, duration, or specific conditions.
- 4If an agreement is reached, prepare an addendum to the existing contract or a new tenancy agreement reflecting the renewed terms.
- 5Both parties sign the renewal agreement or new contract.
- 6If required by law or desired by the parties, register the renewed or new agreement with the Registries and Notary Affairs Bureau.
What to bring
- Original tenancy agreement
- Identification documents of landlord(s) and tenant(s) (e.g., Macao ID card, passport)
- Property registration documents (e.g., Certificate of Title)
- Any relevant power of attorney if a representative is signing
Who handles it
Registries and Notary Affairs Bureau (Direcção dos Serviços de Assuntos de Justiça e de Registo, DSAR)
https://www.dsaj.gov.mo/en/services/register/deedoflease.aspx
The cost for registration of a lease agreement in Macao includes stamp duty, which varies depending on the rental amount and lease duration, and a registration fee. These fees are subject to change and should be confirmed with the Registries and Notary Affairs Bureau.
What commonly goes wrong
- Ensure all parties (landlord(s) and tenant(s)) agree to and sign the renewal documents.
- Be aware of the notice period for non-renewal or termination specified in the original agreement.
- Understand the legal requirements for registration, particularly if the lease exceeds a certain duration or if required for specific legal protections.
- Clearly define any changes to the original terms in the renewal agreement or a new contract.
Sources
- Registration of Deed of Lease dsaj.gov.mo
- Macao SAR Gazette - Leasing Regime for Urban Property (Lei n.º 6/2021) bo.io.gov.mo
Other documents in Macao
Tenancy or lease renewal in other countries
Often renewed together
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