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  • Brasília, São Paulo e Belo Horizonte

Failure to pay rent can lead to eviction

If the lessee fails to pay rents and accessories, such as condominium fees and IPTU (Property Taxes), the lessor may recover the property by filing an Eviction Lawsuit, including in a preliminary form, with the property being vacated within 15 days.

Once the rent is due, if there is no payment, an eviction request is possible. Contrary to popular belief, to initiate an eviction lawsuit, it is not necessary to wait 30 days after the expiration date, or for the delay to be repeated for more than 1 month.

Failure to pay rent, condominium or IPTU, may lead to the eviction of the lessee. Learn how the lessee can avoid judicial eviction.

As a result of the eviction request, the lease contract is judicially terminated. In order to avoid eviction, the lessee or the guarantor, as the case may be, may make the full payment of the updated debt, including legal fees and court costs, regardless of calculation and by means of a judicial deposit, within 15 business days from the date of summons (article 62, II, of the Brazilian Tenancy Law).

It is important to note that the payment must include the debts (principal and ancillary) that mature in the course of the action, updated with monetary correction, as well as a fine or contractual penalty, when required, interest on late payment, as well as court costs and fees for loss of suit arbitrated by a Judge.

Therefore, whenever possible, it is advisable to try to negotiate with the lessor, to avoid eviction due to non-payment of rents. In any case, speak with a lawyer specializing in Real Estate Law to define the best measure for evicting the property and collecting lease debts, either by extrajudicial agreement, or by eviction action combined or not with rent collection, or execution.

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Advogados especializados em causas imobiliárias