The legal fees for the collection of lease debts are freely contracted between the lessor and the lawyer, and may have as a reference, for the application of a percentage, the debt charged and actually received, or to correspond to a fixed and predetermined amount
The rules that govern legal fees, as well as market practice, do not limit the collection of fees only to the rents due, when other lease debts are also charged, such as condominium fees and/or IPTU/TLP (article 62, item II, of the tenant law).
Thus, the lease agreement may provide, in the event of non-compliance to the contract by the lessee, extrajudicial or judicial collection fees, to be added to the debt charged by lawyers in the event of spontaneous payment by the lessee before or during the course of the collection action.
There will also be fees for loss of suit, unlike contractual fees – established between lessor and lawyer – these are arbitrated by the Judge of the case, to add to the updated lease debt. In this case, after the conviction, there will be no cumulation of contractual collection fees with fees for loss of suit, the latter prevailing, since, provided for in the Civil Procedural Code, it overlaps that established in the lease agreement.
Lawyers’ fees will exist even when the charge is made only for lease accessories, such as condominium fee, IPTU/TLP, property insurance, or to enforce compliance with contractual clauses, when the lessee is in non-compliance to the lease contract. Therefore, the analysis of the lease contract by a lawyer specialized in Real Estate Law is essential, for the correct application of the legislation to each specific case.