a carpena associated lawyers obtained from the Court of Justice of Rio de Janeiro (TJRJ) favorable decision to one of its clients for Fine collection suspension related to early closure of rental agreement non-residential. The contract had a term of 12 months, but the booking company had to deliver the property after about two months rent, because of questions related to its business installed in the city of Rio de Janeiro.

When notifying the rental company, the renter was informed that the fine, provided for in the contract in case of delivery of the property before the deadline without justification, was equivalent to the integral value of the remaining locatios until the end of the contract. That is, the fine foreseen Tolheth the right to denounce the rentary, since the penalty is equivalent to the payment of all contractuality. As the rental company was irrelidable administratively in relation to the collection of said fine, Carpena Associated Advocates joined action for the nullity of the abusive criminal clause and to the relegation of the levels practiced in the market. In addition, the immediate suspension of the fine was requested until the final judgment of the process, so that the rentary company did not suffer the reflexes of Mora. The request was deferred by the TJRJ.

" Review of a criminal clause stipulated in commercial rental contract is possible mainly when it is abusive and in disagreement with Uses and location market customs, which, in cases like this, stipulates fines between two and three locatios < / in> ",

Highlights Camila Damo , Area Lawyer from carpena associated lawyers.