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Real estate can not move actions

08/06/2012

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 


 


Collection of back rent to the guarantor and eviction orders should be made only by the owner, confirms STJ
Rio - The estate agents are prohibited from bringing eviction and collection of back rent to the guarantor according to the Superior Court of Justice (STJ). According to the Brazilian Association of Real Estate Administrators, the Tenancy Act makes it clear that this role is assigned only to the lessor.

For the lawyer Andrea Muller of Abadi, property acting on behalf of third parties and has no active procedural legitimacy. "The company is only intermediate, a provider of services for business management."

Generally, the tenant hires a company to manage a property. "The estate is not subject to the lease or rental, but rather, only the tenant who receives and makes the recovery," said the lawyer.

Andrea states that it is a poorly understood process. "Few understand how this works," he says. It details: "The estate is hired by the owner and managing broker for the lease. Any action on rented property is the responsibility of the landlord. "

This type of error occurs when, usually, the owner seeks to solve a problem tenant in the building. The attorney notes that the correct Abadi is to seek the Administrator, who is the contact between the parties.


Source: InfoMoney

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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