Real Estate - Rent

 

Procon tips for those who want to rent a property:

Get to know the region in which you intend to live, observe the infrastructure of services provided (supermarkets, fairs, pharmacies, hospitals, schools, etc.) and the means of transport that serve the locality. Then, look for references from the real estate company with people who have already used their services and by consulting the Procon supplier register. If the negotiation is direct with the owner, a contract must be drawn up that makes the agreement official and protects the parties from future problems arising from an oral negotiation. Before signing the contract, the consumer must demand the inspection report from the real estate agency. A two-way list of the general conditions of the property must be made, describing paint, glass, doors, windows, electrical and hydraulic installations. This relationship must be filed with the real estate agency or administrator, leaving a copy of the tenant's possession. When vacating the property, the tenant must, in addition to requesting a new inspection, return the keys by means of a letter filed with the realtor or the owner, thus avoiding possible problems such as the allegation of not receiving the key, continuation of rent collection, invasion by third parties. , etc.  

Mandatory clauses and requirements in the lease agreement:

Name and qualification of the lessor, lessee and guarantor, if any; Description and address of the leased property; Rent value, index and frequency of readjustment; Payment method and location; Type of guarantee presented (guarantor, prior deposit or surety bond); Breakdown of charges to be paid (condominium, water, electricity, IPTU, etc.); Destination of the property (residential or commercial); Contract duration; Effective clause in case of sale of the property; Term of inspection (description of the state of conservation of the property), which must be an integral part of the property. Important: Rent adjustment can only be stipulated through the application of official government indexes, accumulated in the period. The term of a residential lease cannot be less than 30 months. In commercial leases, there is no fixed minimum term.  

Lessor's Duties

Deliver the property in conditions of use; Respond to problems prior to the lease; Provide the lessee with a detailed description of the condition of the property, before the lease; Pay intermediation fees (registration form, drafting of a contract, etc.) and real estate administration fees; Provide a detailed receipt to the lessee (rent, condominium, taxes, etc.); Pay taxes, fees and supplementary fire insurance premium, unless otherwise provided in the contract; Show the lessee, when requested, the receipts related to the installments charged; Pay extraordinary condominium expenses, such as: renovations or additions involving the entire structure of the property; painting facades, side walls, ventilation and lighting wells and external frames; works aimed at restoring habitability conditions in the building; labor and social security indemnities arising from the dismissal of employees, which occurred on a date prior to the lease; installation of safety, fire, telephony, intercom, sports and leisure equipment (fire extinguishers, fire doors, intercoms, antennas, beams, etc.); expenses with decoration and landscaping of common areas; contribution to the reserve fund.  

Tenant's Duties

Timely pay the rent and lease charges at the stipulated time and place; Use the property for the use specified in the contract, keeping it in good condition; Return the leased property at the end of the lease, in the condition in which it was received, except for deterioration resulting from normal use; Immediately inform the lessor of any damage or defect for which it is responsible; Immediately repair any damage caused by you during the rental period; Do not modify the internal or external form of the property without the prior written consent of the lessor; Immediately forward to the lessor collection documents (taxes, condominiums, etc.), as well as subpoenas, fines or demands from authorities, even if addressed to the lessee; Pay expenses arising from the provision of public services (water, electricity, telephone, gas, sewage, etc.); Authorize inspections and visits by third parties to the property (in case of negotiation), provided that the day and time are agreed; Comply with the condominium's convention and internal regulations; Pay ordinary condominium expenses, such as: salaries, labor charges, social security and social contributions of condominium employees; consumption quotas for water and sewage, gas, electricity and power used in common areas; cleaning, conservation and painting of facilities and facilities in common use: maintenance and conservation of hydraulic, electrical, mechanical and safety facilities and equipment in common use; maintenance and conservation of elevators, electronic intercoms, and collective antennas; apportionment of the condominium's outstanding balance, except for the period prior to the beginning of the lease; minor repairs to common electrical and hydraulic facilities and facilities; maintenance and conservation of facilities and equipment for common use, intended for the practice of sports and leisure; replacement of the reserve fund, eventually used for ordinary expenses in whole or in part and provided that it is not prior to the beginning of the lease;  

legal aspects

The Tenancy Law allows the owner to demand from the tenant only one type of guarantee in the fulfillment of the contract, which can be: Security deposit through the deposit of goods (example: car, motorcycle, land, house, etc.); Money, deposited in a joint savings account between both parties, where the amount cannot exceed three months' rent and must be returned to the lessee at the end of the lease, if he is up to date with his payments; Guarantor (person who is responsible for fulfilling the lessee's obligations); Surety bond (made through an insurance company). It is not allowed to charge a fine of more than 20% per month for late payment. It is also illegal to readjust the rent for less than one year. To help you search for your property, consult the Real estate in Florianopolis.