• Brasília, São Paulo e Belo Horizonte

Eviction action: Eviction of the property in 15 days

In specific cases, the law authorizes a quick judicial eviction in an injunction, for the vacancy of the property within fifteen days, under penalty of using police force. For the preliminary eviction, a deposit of 3 rents is required by the lessor, for possible compensation to the lessee, in case of undue eviction.

Among the legally authorized hypotheses for rapid eviction within 15 days, the following stand out (art. 59, §1):

  1. Non-compliance with the mutual agreement entered into, in which a minimum period of six months has been set for eviction;
  2. Termination of the employment contract, if the occupation of the property is related to your employment;
  3. Expiry of the term of a seasonal lease;
  4. Death of the lessee without leaving a legitimate successor in the lease;
  5. Failure to pay rent and lease accessories when due, if the lease is not guaranteed;
Failure to pay rents authorizes eviction action. In some cases, once the requirements established by law are met, the lessor may rely on a court decision to vacate the property by the lessee within 15 days.

Therefore, if the grounds for the eviction action are exclusively one of these possibilities, or others provided for in that article, the judge may grant the eviction request in an injunction, forcing the property to be vacated spontaneously within 15 days, or forcibly, with the assistance of the police, who will be summoned by the bailiff to comply with the court order.

However, in any type of eviction (injunction or not), if motivated by the lack of payment of rents, the lessee may avoid contractual termination and eviction, making the judicial deposit of the total debts, updated, among those due until the date of payment, plus attorney’s fees for loss of suit arbitrated by the Court (art. 59, § 3)

In view of the above, the performance of the lawyer specialized in Real Estate Law favors greater speed in the process, since the analysis of the case for the correct application of the law, as provided for by law, requires experience and recurring practice in eviction and rent collection actions.

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Advogados especializados em causas imobiliárias