See the 07 most frequent questions about PROPERTY LEASING in the day-to-day of those who are looking for a property to rent, or even by the property owner who is thinking of renting his property!

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What is the guarantor's liability limit?

The guarantor is alone in the obligations arising from the lease agreement.

There are decisions that understand that the guarantor is not responsible for amounts arising from agreements between the parties to which it has not expressly agreed, nor for procedural expenses where it was not a party.

In summary: The guarantor is responsible for all obligations that he has agreed to.

Can rent be charged in advance?

As stated in art. 42 of Law 8.245/91:

Art. 42. If the lease is not guaranteed by any of the modalities, the lessor may demand from the lessee the payment of the rent and charges until the sixth working day of the coming month.

In summary: If there is a guarantee in the lease, advance rent cannot be charged.

Who will pay taxes (IPTU) and property fees?

Article 25 of Law 8.245/91 provides that the lessor is responsible for paying taxes, fees and the supplementary insurance premium.

Art. 25. Once the lessee is responsible for the payment of taxes, charges and ordinary condominium expenses, the lessor may charge such amounts together with the rent for the month to which they refer.

Single paragraph. If the landlord advance payments, it will belong to the advantages arising therefrom, unless the renter refund - it fully.

But it opens up the possibility of "unless expressly provided otherwise in the contract".

In summary: If the contract does not make provision, who will pay is the landlord.

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Did the tenants separate? And now?

In case of separation (in fact or legal) the lessee who remains in the property assumes all contracted obligations.

Must communicate the Lessor and the Guarantor (if any). Article 12:

Art. 12. In cases of de facto separation, legal separation, divorce or dissolution of the common-law marriage, the residential lease will automatically proceed with the spouse or partner who remains in the property. [...]

• 2 The guarantor may exonerate from its responsibilities within 30 (thirty) days from the receipt of the communication offered by the subrogee, being responsible for the effects of the guarantee for 120 (one hundred and twenty) days after notification to the lessor.

In summary: It maintains the lease agreement with the tenant who remains in the property.

What types of warranty are included in a lease?

Article 37 of Law 8.245/91 provides as forms of guarantee of the property lease agreement:

Art. 37. In the lease agreement, the lessor may demand the following types of guarantee from the lessee:

I - security;

II - surety;

III - rental guarantee insurance.

IV - fiduciary assignment of investment fund shares.

Single paragraph. It is forbidden, under penalty of nullity, more than one of the types of guarantee in the same lease contract.

Please note: Your lease can in no way have more than one type of the above leases.

The landlord is asking for more than one type of warranty. He can?

As we saw above, in the sole paragraph of article 37 of Law 8.245/91, it is expressly prohibited to accumulate guarantees, that is, only 1 guarantee per contract.

Single paragraph. It is forbidden, under penalty of nullity, more than one of the types of guarantee in the same lease contract.

In summary: It cannot cumulate guarantees.

Can I sublet or lend the property I rented?

Provided it is expressly authorized by the lessor, the lessee may assign, lend or sublease the property, pursuant to art. 13 of Law 8.245/91

Art. 13. The assignment of the lease, the sublease and the loan of the property, in whole or in part, depend on the prior written consent of the lessor.

• 1 Consent is not presumed due to the lessor's simple delay in formally expressing its opposition.
• 2 Once notified in writing by the lessee, of the occurrence of one of the hypotheses of this article, the lessor will have a period of thirty days to formally manifest its opposition.

If there is no authorization, you run the risk of eviction under the terms of article 9, II.

In short: You can! If there is express authorization from the lessor.