Understand the difference between lessor and lessee in the real estate rental process

real estate

Do you live or have you ever lived in a rental property? If not, surely you have already considered this possibility. The rent has performed a great alternative for those seeking comfort and convenience, but is not ready to buy your home.

If you are thinking about renting a property, but have some doubts, we will help you!

One of the main mistakes made before renting a property is the lack of information. Understanding the lease process is essential to successful negotiation. Many end up having problems before, during and after the lease, precisely because they do not know the rights and duties that both the lessor and the lessee have. These norms are established by the Law on Tenancy .

By the way, do you know the difference between the lessor and the lessee? Blue World City will explain it to you!

Locator

It is the property owner, the one who puts your property up for rent.

Lessee

It’s someone looking for a property to rent and live in for a period, the famous tenant.

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Deadline changes in 2010

One of the most important items that must be observed is with regard to the term of the rental agreement, which can be carried out for a fixed or indefinite period.

determined time

When the contract has a fixed term, the renewal takes place automatically after the end of the term if neither party expresses its opposition to continuity.

Undetermined time

In undetermined cases, its termination occurs in case of non-payment of rent or other charges.

Both sides must pay attention to the item returning the property. In 2010, the Tenancy Law underwent a change in its original text, determining that the return that could previously be delayed for up to three years, had its deadline reduced to 45 days.

In the case of eviction, it takes 30 days to abandon the property. In the previous law, this period was six months. In unsecured contracts, the tenant who fails to pay can be called to vacate the property within 15 days.

Now that you know the main line of the Tenancy Law, let’s get to the landlord and tenant obligations.

Check the full articles 22 and 23 of the Tenancy Law and find out all the obligations of lessor and lessee in a negotiation:

Art. 22. The lessor is obliged to:

I – deliver to the lessee the rented property in a condition to serve its intended use;

II – guarantee, during the lease period, the peaceful use of the leased property;

III – maintain, during the lease, the form and destination of the property;

IV – answer for defects or defects prior to the lease;

V – provide the lessee, if requested, with a detailed description of the state of the property, upon delivery, with express reference to any existing defects;

VI – provide the lessee with an itemized receipt of the amounts paid by him, with a generic discharge being prohibited;

VII – pay real estate administration fees, if any, and intermediation fees, including the expenses necessary to verify the suitability of the applicant or his guarantor;

VIII – pay taxes and fees, as well as the complementary fire insurance premium, which affect or may affect the property, unless otherwise expressly provided for in the contract;

IX – display to the lessee, when requested, the receipts related to the installments that are being demanded;

X – pay extraordinary condominium expenses.

Single paragraph. Extraordinary condominium expenses are understood as those that do not refer to routine building maintenance expenses, especially:

a) renovation works or additions that are of interest to the entire structure of the property;

b) painting of the facades, gables, aeration and lighting wells, as well as the external frames;

c) works aimed at restoring the building’s habitability conditions;

d) labor and social security indemnities for dismissal of employees, incurred prior to the start of the lease;

e) installation of security and fire, telephone, intercom, sports and leisure equipment;

f) decoration and landscaping expenses in the common use parts;

g) constitution of a reserve fund.

 

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Art. 23. The lessee is obliged to:

I – timely pay the rent and lease charges, legally or contractually required, within the stipulated period or, failing that, by the sixth business day of the month following the due date, in the leased property, when another location has not been indicated in the contract ;

II – serve – if the property for the agreed or presumed use, compatible with its nature and with the purpose for which it is intended, and must treat it with the same care as if it were yours;

III – return the property, at the end of the lease, in the state in which it was received, except for deterioration resulting from its normal use;

IV – immediately bring to the attention of the lessor any damage or defect which it is responsible for repairing, as well as any disturbances by third parties;

V – carry out the immediate repair of damages to the property, or its facilities, caused by you, your dependents, family members, visitors or agents;

VI – not to modify the internal or external form of the property without the prior written consent of the lessor;

VII – immediately deliver to the lessor the documents for the collection of taxes and condominium charges, as well as any subpoena, fine or requirement from a public authority, even if addressed to him, the lessee;

VIII – pay telephone and electricity consumption, electricity and gas, water and sewage expenses;

IX – allow the inspection of the property by the lessor or its agent, by prior combination of day and time, as well as admitting that it is visited and examined by third parties, in the case provided for in art. 27;

X – fully comply with the condominium agreement and internal regulations;

XI – pay the surety bond premium;

XII – pay the ordinary condominium expenses.

1st Ordinary condominium expenses are understood as those necessary for the respective administration, especially:

a) salaries, labor charges, social security and social contributions of condominium employees;

b) consumption of water and sewage, gas, electricity and power in areas of common use;

c) cleaning, conservation and painting of facilities and facilities in common use;

d) maintenance and conservation of hydraulic, electrical, mechanical and safety facilities and equipment in common use;

e) maintenance and conservation of facilities and equipment for common use intended for the practice of sports and leisure;

f) maintenance and conservation of elevators, electronic intercom and collective antennas;

g) minor repairs to the premises and electrical and hydraulic installations in common use;

h) apportionments of the outstanding balance, unless referring to a period prior to the beginning of the lease;

i) replacement of the reserve fund, fully or partially used to cover or supplement the expenses referred to in the preceding paragraphs, except if they refer to a period prior to the start of the lease.

2º The lessee is obliged to pay the expenses referred to in the previous paragraph, provided that the budget forecast and the monthly apportionment are proven, and may require proof of them at any time.

3 In the building made up of autonomous real estate units, owned by the same person, the lessees are obliged to pay the expenses referred to in § 1 of this article, provided they are proven.

 

I hope these tips have helped you to resolve your doubts about real estate rental .