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  • Brasília, São Paulo e Belo Horizonte

Prepayment of rent in a guaranteed lease

As a rule, the lessee pays the rent in the month following its use, that is, the lease starts in one month and the payment will be in the following month, and so on. So, the advance payment is characterized by the occupation and acquittance in the same month.

The advance rent will be charged in advance only in cases where there is no rental guarantee, or in seasonal rentals. In view of this, the lessor may demand in advance up to the sixth working day of the month due, including charges (art. 20 and 42).

In properties rented with guarantee, it is not allowed to collect rents in advance, under the constitution of a criminal misdemeanor, punishable by simple imprisonment or a fine.

That said, the lessor can only charge for rents due in advance in the aforementioned cases, otherwise his act will constitute a criminal misdemeanor, punishable by simple imprisonment from five days to six months or a fine of three to twelve months of the value of the last rent (article 43, III)  

It is important to clarify that the lease guarantees aim to make the lease safer for the lessor. They may be: Security deposit, guarantee, lease surety insurance or fiduciary assignment of investment fund shares.

Thus, when entering into the contract, the parties must choose the best way for both, satisfying the needs of each. Therefore, they must consider between one of the guarantees or the advance payment, allowing for their collection, also in advance.  

As for the seasonal lease, it is valid for a maximum of 90 days, so it is recommended to those who need the property for a short period, whether for leisure purposes, participation in courses, medical treatments or even as assistance while renovations are completed in your own home.

In view of the above facts, the relevance of the performance of the lawyer specialized in Real Estate Law is notorious, to clarify doubts, carry out consultations, prepare or review lease contracts, so that the needs of both the lessee and the lessor are met, considering the legislation in force.

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Advogados especializados em causas imobiliárias