New law tightens time limits for tenants - Part II
25/1/2010
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Retailers shopping for Justice will rule change
The Brazilian Institute for Protection of Tenants of Shopping Malls (Idel) filed a Direct unconstitutional (Adin) the Supreme Court (STF) requesting the suspension of the effects of the new Tenancy Act. Adin A rapporteur will be Minister Ellen Gracie, but there is no time limit for process analysis.
The new rules change the contractual relationship in leasing non-residential properties from commercial outlets malls and street trading. The most sensitive to tenants is what provides for the eviction action in renewals - when the store goes to court in an attempt to renew the lease of the property when the owner of the commercial spot has no such intention.
For lawyer Peter Lessi president of Idel and author of ADI/4366 by allowing an eviction in record time, the new law overrides the due process guaranteed by the Constitution. "The eviction will occur briefly, eliminating the stage of inquiry. In this case, the presentation and analysis of evidence will be following the action itself. A law thus can not be fully extended for unconstitutional in all its core. It is the largest legal nonsense I've seen in 38 years of experience in law, "he argues.
For him, this is not to defend the bad debt, but what does the Constitution itself. "Delinquency is part of the social and economic world and exists in the payment of alimony, rent or purchase of goods and products. But all this must be judged with due process, with the possibility of evidence and defense. One must consider that default may be due to various unforeseen factors, "argues.
Now the professor of the School of Magistrates of Paraná and lawyer Rodrigo Xavier Leonardo believes that there is little chance that the Supreme Court declared the law unconstitutional. "Brazilian law has lived with demands and injunctions long as a need for an expeditious judiciary. A law that leads to greater speed in trial proceedings, in principle, there tends to be unconstitutional, "he says.
He said even with the speed of time, yet no judge can declare eviction case all the evidence are consistent with what is prescribed by law.
What changes
The relationship between landlords and tenants change much with the new law. Below are a few changes.
As was
- The Debtor must be notified twice. The conclusion of the eviction of the tenant defaulting lasted an average of 14 months.
- In cases of contracts of guarantee insurance or surety bond, the rules are the same as contracts with guarantees.
As is
- On the first notification, the Court will give 30 days to the defaulting party is discharged. The average time for completion of the dump to drop to six months.
- In contracts without surety, the eviction for nonpayment can be enacted in 15 days.
Source: Gazeta do Povo
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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