Clipping of news on Brazilian Culture, Law and Citizenship
25/1/2010
This article was translated by an automatic translation system, and was therefore not reviewed by people.
As of today, those who sign or renew a lease of property will be subject to the rules of the new Tenancy Act. Among the main changes anticipated in the controversy is reducing the time for evacuation of buildings in case of default, allowing a lawsuit after the crash late payment of only a portion of the rent. In these cases, the tenant will have 30 days to vacate the property.
The bodies of consumer protection are concerned about what sort of "summary of eviction" since the new law disregards situations momentary financial hardship that could result in the delay in timely payments.
The old law, the tenant could delay the rent up to two times in one year. The third delay gave the landlord the right to terminate the contract unilaterally. Now, the tenant may only delay the payment only once in a period of two years.
Among the advances of the new law, experts point to determine the payment of a fine proportional on termination of contract. Before, not to pay the value of any contract, the lessee had to resort to the judiciary.
The new law also regulates the figure of the guarantor - that was not mentioned in the old law - by allowing him the right to withdraw from the engagement when the extension of the contract. For this, he must communicate that decision to the owner, getting free of commitments in 120 days. In this case, it is the tenant to provide a new sponsor within 30 days. If you do not, the contract will be automatically converted into rentals without bail. In this case, however, the lessee shall be subject to even less time, and vacate the property in just 15 days in case of judicial notice.
The student Dionadas Diego de Oliveira Santini, who is renting an apartment in the Christ the King, in Curitiba, will sign the contract now under the new rules. He believes the law will facilitate the process for those who are looking for a property. "The new law improves the situation of the tenant as they no longer needed so much bureaucracy. Furthermore, the deadlines are too short for the eviction. If I lose the job, for example, hardly have time to fix something or risk being evicted, "he says.
Lawyer Poliana Carlos da Silva, the Brazilian Association of Consumer Protection (Pro Test), recommends that, to get a property, the tenant pay attention to the monthly rent, to assess whether the cost is consistent with the budget. "However, in situations where the tenant through a time of financial difficulties because of something unforeseen, he should immediately seek the owner to propose an agreement. Negotiation is always the best way, "he recommends.
Certainty
Moreover, the lessors believe that the new law will bring greater security and stability in relations with the tenants. Owning a rental property, Adriana KOKETSU soon to renew the contract with your tenant. "The only question is whether the judiciary will even accelerate these processes (dump). Without a sponsor, for example, what guarantee do I have that my property will be recovered within the prescribed period? "He argued.
The executive manager of Real Estate Galvão, Marise Hartmann, believes the changes should increase the supply of property in the market. This argument was used by advocates of the proposal during the course of the Bill in the House of Representatives. The thesis is that, by expediting the process of eviction, properties that remain today to 18 months in legal dispute back to market faster. For Marise, the real estate industry should take about three months to start feeling the practical results with the new regulations.
Source: Gazeta do Povo
This article was translated by an automatic translation system, and was therefore not reviewed by people.