The leasing agreement is regulated by the Tenancy Law (Law 8,245/91), which outlines the rights and responsibilities of both the landlord and the tenant.
The tenant, as the property owner, has important contractual and legal duties to promote a harmonious living environment and safeguard the tenant’s rights.
This guide offers a thorough understanding of the tenor’s rights and responsibilities as outlined in present laws.
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Who is Locator?
The renter is the individual or entity that owns a property and rents it out.
The individual who has legal ownership of the property or a designated representative, such as heirs or authorized guardians, may be involved. The tenant’s responsibilities do not solely entail signing the lease agreement.
The tenant must also make sure the property is used properly, maintained well, and follow all rental and tax obligations.
What are the entitlements of the Locator?
The rights of a tenant involve safeguarding their property, ensuring legal security in the tenant relationship, and meeting the tenant’s responsibilities.
They consist of:
Receive rental payments and fees as agreed.
The tenant has the right to receive the payment of the agreed-upon rents and fees stated in the contract, including property tax, condominium, and insurance costs, as long as they are specified.
Failure to comply by the tenant may lead to collection or eviction proceedings by default.
Art. 23, I of Law No. 8.245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
I always pay my rent and lease fees on time, as required by the contract, by the deadline or within the first six business days of the following month at the rental property specified in the agreement.
Necessitate the correct utilization of the property
The tenant may insist that the property is utilized for the intended purpose specified in the agreement (residential or commercial).
Using it for a different purpose without permission is considered a breach of contract.
Art. 23, II of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
If you use someone else’s property for a specific purpose, you should take care of it as if it were your own.
Summarizing the property in circumstances outlined by the law.
The tenant can ask for the property back under certain circumstances.
- At the conclusion of the lease agreement (Article 47).
- Housing needs for oneself or family (Article 47, sections II and III).
- The tenant not meeting the terms of the contract (Article 9).
- Rents and charges are not allowed (Article 59, §1).
Legal foundation: Sections 47, 9, and 59 of Law No. 8,245/91.
If the lease agreement is made for a period of less than thirty months, it can be automatically renewed for an indefinite period according to Article 47 of Law No. 8,245/91, but the property can only be reclaimed under certain conditions.
In situations outlined in article 9.
Upon termination of the employment contract, the tenant’s occupation of the property linked to their employment will cease.
If needed for personal use, for your spouse or partner, or for the residential use of a family member who does not own their own property.
Rental agreements can also be terminated according to Article 9 of Law No. 8,245/91.
By mutual consent.
Because of engaging in legal or contractual violations.
III – because the rent and other fees were not paid.
Urgent repairs mandated by the government that cannot be completed with the tenant present in the property or when the tenant refuses consent.
Eviction proceedings will follow the standard procedure due to the frequent changes in this section as stipulated in Article 59 of Law No. 8,245/91.
Granting the injunction for eviction within fifteen days is permitted, without requiring a hearing for the opposing party, as long as a deposit equal to three months’ rent is made in cases with a sole foundation.
Adjust the rental price
The renter can ask for changes in the rental amount using financial adjustment indices specified in the contract.
If the rent is lower than market rates, the rental company can suggest adjusting the rent to reflect current value.
Art. 19 of Law No. 8,245/91 provides the legal foundation.
The tenant can ask for a rent review through the court to adjust it to market price if there is no agreement after three years of the contract.
Requesting repair for damage to property
If the tenant or people under their responsibility cause damage to the property, the tenant can ask for repairs or compensation to address the harm done.
Legal foundation: Article 23, V of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
To carry out prompt repairs for any damages found in the property or its premises caused by the owner, their dependents, relatives, guests, or other individuals.
Main articles of the Special Law are discussed along with an analysis of Law 9.099/95.
What are the responsibilities of the Locator?
The tenor is responsible for maintaining the quality of the property and safeguarding the rights of the tenants.
Providing the property in excellent shape
The rental company is required to offer the property for use, whether it is for residential or commercial use.
The delivery involves making sure that essential facilities are in working order and, if needed, providing a report on the property’s condition.
Legal foundation: Article 22, sections I and V of Law No. 8,245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
I provide the tenant with the rental property in a condition suitable for its intended use.
Provide the tenant with a thorough description of the property’s condition upon delivery, including specific mention of any known defects, if requested.
Perform maintenance on the structure.
The tenor is responsible for performing structural maintenance and repairs that are not caused by the tenant’s regular usage.
The tenant is responsible for addressing issues such as electrical or plumbing problems, roof defects, and housing damage.
Legal foundation: Article 22, sections IV and X of Law No. 8,245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
Address any faults or shortcomings before entering into the lease agreement.
X is responsible for covering the additional costs of the condominium.
Ensure that the tenant’s peace is maintained.
The tenant is responsible for using the property without any disturbances or external interferences that may disrupt the peaceful enjoyment of the property.
Legal foundation: Article 22, II of Law No. 8.245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
During the lease period, guarantee the quiet enjoyment of the rented property.
Adhere to tax and contractual duties
The tenant must cover expenses like IPTU taxes and fire insurance charges, unless specified otherwise in the agreement.
It should also offer itemized receipts for all payments made by the renter.
Art. 22, VI and VIII of Law No. 8,245/91 provide the legal foundation.
The tenant must comply with Article 22 of Law No. 8,245/91.
Provide the tenant with a receipt that clearly indicates the importance of the payment, as specified in the standard discharge.
Pay taxes, fees, and additional fire insurance premiums for the property unless stated differently in the contract.
What happens if the obligations of the landlord are not met?
Not meeting responsibilities as outlined in a lease agreement can lead to various outcomes, depending on the specific breach.
Some of the primary ones are:
- The tenant is allowed to end the lease early if the landlord fails to meet obligations like providing a habitable property, making necessary repairs, or maintaining essential services.
- The tenant can request a contractual fine or seek compensation for harm or damage if they fail to meet their responsibilities, such as neglecting property maintenance duties.
- If the tenant’s failure to meet obligations results in harm to the tenant or the property, they may be responsible for the damages and have to compensate the tenant for any harm caused.
- The tenant can request a decrease in rent if the housing conditions are not met.
Legal foundation: Article 475 of the Civil Code in conjunction with Law No. 8,245/91.
The injured party can ask for the contract to be terminated if they do not want it to be enforced, and they are entitled to damages and losses in any case.
The function of the Locator in the rental agreement
The tenant plays a crucial role in the local community, responsible for maintaining the property and upholding the contract’s legal validity.
Real estate lawyers need to advise clients on the responsibilities and boundaries of the tenant’s rights to maintain a fair balance in contractual relationships and prevent legal disputes.
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