O erro da locação com menos de 30 meses!

The Mistake of Leasing for Less Than 30 Months! @explainingthelaw In the real estate market, it's common to find lease agreements for periods shorter than 30 months, especially 12 or 24 months. Many landlords choose these terms believing they will have more flexibility to reclaim the property at the end of the contract. However, what many don't know is that this practice can generate unexpected consequences, especially due to the automatic extension imposed by the Tenancy Law. In the context of leasing, misinterpreting the legislation can lead to unnecessary headaches. What seemed like an advantageous strategy for the landlord can, in fact, turn into a legal obstacle. The Contractual Term and the Landlord's Freedom Regime Imagine that renting a property functions like a prison regime. If you choose a lease agreement for a period of less than 30 months, you are choosing a closed regime, where the rules are more rigid and any carelessness can result in imprisonment for 5 years, that is, the property can be tied to a tenant without the landlord having simple legal means to recover it. On the other hand, by signing a contract of 30 months or more, the landlord places himself in an open regime. This means that, at the end of the contractual term, he can recover the property with total freedom, simply by giving a notification. He gains the right to change the game without having to face a grueling process. In renting, you either choose the rules of the game or you become a hostage to them. What Does the Tenancy Law Say? Article 47 of Law 8.245/91 establishes that, when the lease agreement is for a term of less than 30 months, at the end of the stipulated period, the lease will be automatically extended for an indefinite period, if the tenant continues to occupy the property and there is no expression of intent from both parties to terminate it. With this automatic extension, the landlord cannot simply request the tenant to leave, unless one of the legal hypotheses provided for in Article 47 itself applies, such as: The landlord needs the property for their own use, or for the use of their spouse or descendant/ascendant; The property needs to undergo substantial renovations that make it uninhabitable; The contract is linked to the tenant's employment relationship and this relationship is terminated; The tenant breaches contractual clauses, such as default or misuse of the property. The Problem of Advance Notice Many landlords believe they can simply send a notice to the tenant before the contract expires, informing them that the lease will not be renewed. However, this strategy does not prevent automatic renewal, as Article 47 defines that renewal occurs regardless of notification, unless the tenant decides to vacate voluntarily. This means that even if the landlord sends a formal communication before the expiration date, if the tenant wishes to remain, they can rely on the law and the contract will continue indefinitely. How to Avoid Automatic Lease Renewal for Terms Less Than 30 Months For legal consultations, we offer online service via WhatsApp 24 988572139 Become a member of this channel and get benefits:    / @explicandoodireito   Follow the channel on Instagram: @leonardomartinelliadv @jaquelinemachadoadv Link to share this video:    • O erro da locação com menos de 30 meses!   Link to share the channel: https://bit.ly/3Bacg7e More important links: -Deadline to pay severance:    • [PRECISA SABER] Qual o prazo para pagar a ...   -How to calculate severance without just cause?:    • COMO CALCULAR A RESCISÃO SEM JUSTA CAUSA?   -Everything about vacation time Termination:    • [IMPERDÍVEL] Tudo sobre FÉRIAS na hora da ...   -Attention, be careful with termination:    • Atenção, cuidado com a rescisão!   -I was fired, what are my rights:    • FUI DEMITIDO, QUAIS SÃO OS MEUS DIREITOS? ...   #minimumtermleasecontract, #maximumtermleasecontract, #leasecontract, #canIchangetheguaranteeduringthelease, #rental