The case of singer Belo and his wife, Gracyanne Barbosa, who received an eviction order from a property they rented in São Paulo, drew attention to the risk of breach of contract. The eviction made by judicial means usually happens when the person who rents a property accumulates delays in the payment of the rent.
This is the last resort used by landlords who have legal problems with their tenants, but the eviction request procedures are far simpler than many people realize.
In the case of the couple, the owner terminated the contract and charged the payment of rents, IPTU and consumer bills in arrears, totaling R$ 221,159.86.
How does eviction happen?
An eviction order is issued by the court after an owner triggers it to remove whoever is living in their property. The action is provided for in the Tenancy Law (federal law n. 8,245/1991).
In a rental agreement, both parties sign an agreement and, therefore, should comply with the clauses. When this does not occur, for example when the tenant does not pay the rent, the Court authorizes the eviction.
Before eviction, several situations are provided for by law, such as notifications and attempts to negotiate debts.
What leads to eviction?
There are many specific reasons provided in the law, which may result in the procedure:
- lack of payment;
- breach of contractual clause;
- expiration of the lease term;
- unfulfilled contract termination;
- death of the lessee (no legitimate successor).
If the tenant fits into one of these situations, he/she receives a request to vacate the rented property. If you refuse to leave within the stipulated time, then the owner can file an eviction notice.
What are the steps to unemployment?
The first step to an eviction order, according to the Tenancy Act, is for the renter to record the amount of rent due.
Then, together with a lawyer specialized in the law or a public defender, the owner of the property makes an initial petition for non-payment of rent, for example, and thus collects the values and charges.
The next step is to gather all the necessary documents and file the lawsuit. Are they:
- Lease Agreement, which must be notarized;
- Open payment slips, returned checks;
- Sending of notifications;
- All records of communication with the tenant (Whatsapp conversations, email, phone calls, etc.);
- Proof of receipt by the Post Office or Notary.
Once that is done, just wait for the preliminary decision or procedural sentence.
There is also the possibility of requesting an injunction to vacate the property (eviction warrant). Article 59 of the Tenancy Act says:
“Grant the injunction for eviction within fifteen days, regardless of the hearing of the opposing party and provided that a bond in the amount equivalent to three months’ rent is provided, in actions that are exclusively based”.
After the hearing, a court order authorizes or not the eviction of the tenant, and the action will be accompanied by a bailiff and police officers.
A very common situation is the tenant abandoning the property during the eviction process and not paying off the debt. If it occurs after the action is filed, the lessor may take possession of the property.
After vacating the property, an inspection must be carried out to verify the condition of the building. A lease agreement is only terminated with the delivery of the property under the same conditions that the lessee received at the beginning of the contract.
After the inspection, if damage to the property is found, the owner can file a lawsuit for pending contractual charges, referring to charges and damages.