Post by account_disabled on Mar 10, 2024 5:05:31 GMT -5
The Civil Code of provides that the property guarantor may, even before handing over the keys, be released from the guarantee if the term of the original contract has already expired and it was renewed for an indefinite period without his agreement. Based on this, the th Panel of the Superior Court of Justice upheld the decision of the Court of Justice of São Paulo, which considered that the guarantor would already be exonerated for not having expressly agreed to the second renewal of the contract.
The company signed a lease agreement with a guarantor for four years (June to June ). This contract was extended for another four years, with the consent of the guarantors. In July , the contract was extended again. However, this time, without the approval of the guarantors and with an indefinite period. The tenant defaulted and, in September , the company filed an eviction action along with the collection of rent.
The guarantor filed a lawsuit to declare his dismissal Austria Phone Numbers List in December of the same year. The company, however, filed a collection action against the guarantor. The São Paulo Court of Justice considered that the guarantor would already be exonerated for not having expressly agreed to the second renewal of the contract, at the moment when it became unequivocally aware of his lack of interest.
At the STJ, the company's defense stated that the clause in the contract that allows the bail to be released is only valid after a ruling declares that the bail has lost its validity. Therefore, the guarantors would be responsible for at least seven months of rent, since the property was only vacated in May Finally, he stated that there was a jurisprudential dispute (judged with different conclusions on the same topic).
However, the rapporteur had a different understanding. Initially, Minister Laurita Vaz pointed out that property rental contracts use the legal regime valid at the time of signing — in this case, CC/ The minister highlighted that the legislation at the time allowed the guarantor to resign at any time, including after an eviction action with the collection of back rent. The effects of the exoneration would only be valid after the sentence, but with retroactive effects to the date of valid summons to the landlord.
She stated that, if the contract provides for the guarantor's responsibility until delivery of the keys, there is no automatic exemption from the guarantor by merely extending the contract. However, “the guarantor’s waiver of his right to exoneration (…) cannot be taken to the point of understanding the eternal and indeterminate validity of this clause”.
The company signed a lease agreement with a guarantor for four years (June to June ). This contract was extended for another four years, with the consent of the guarantors. In July , the contract was extended again. However, this time, without the approval of the guarantors and with an indefinite period. The tenant defaulted and, in September , the company filed an eviction action along with the collection of rent.
The guarantor filed a lawsuit to declare his dismissal Austria Phone Numbers List in December of the same year. The company, however, filed a collection action against the guarantor. The São Paulo Court of Justice considered that the guarantor would already be exonerated for not having expressly agreed to the second renewal of the contract, at the moment when it became unequivocally aware of his lack of interest.
At the STJ, the company's defense stated that the clause in the contract that allows the bail to be released is only valid after a ruling declares that the bail has lost its validity. Therefore, the guarantors would be responsible for at least seven months of rent, since the property was only vacated in May Finally, he stated that there was a jurisprudential dispute (judged with different conclusions on the same topic).
However, the rapporteur had a different understanding. Initially, Minister Laurita Vaz pointed out that property rental contracts use the legal regime valid at the time of signing — in this case, CC/ The minister highlighted that the legislation at the time allowed the guarantor to resign at any time, including after an eviction action with the collection of back rent. The effects of the exoneration would only be valid after the sentence, but with retroactive effects to the date of valid summons to the landlord.
She stated that, if the contract provides for the guarantor's responsibility until delivery of the keys, there is no automatic exemption from the guarantor by merely extending the contract. However, “the guarantor’s waiver of his right to exoneration (…) cannot be taken to the point of understanding the eternal and indeterminate validity of this clause”.