In all hiring there is, obviously, to adopt some procedures to safeguard the rights of the parties. The real estate rental pacts, both residential and non-residential, are not an exception to this rule, and some prerogatives require the parties more than the legal and contractual forecast.

This is the case with the right of the lessee's preference for the case of alienation of the property leased, which enables the acquisition of good, under the same conditions where it would be sold or assigned to third [1].

It is said, therefore, for this possibility to be materialized, the legal system imposes the registration of the leasing contract to the competent authority registration, as Article 167, II, 16 of the Law of Public Records [2 ], to ensure the advertising of the lease, making the data recorded known by third parties [3], in order to prevent a good faith acquirer from harmed.

In the same way, the purpose of the rental of the lease, in cases such as the abovementioned, whether the letter of article 33 of the Leasing Law [4] is clear, since such a device allows the lessee to acquire the property, depositing the price and other expenses of the transfer act, only if the contract has been registered at least thirty days before the alienation to third party.

In the meantime, although the lack of registration does not inhibit the possibility that the lessee demands the alienant lessor for violation to personal law, as well as any losses and damages that will suffer from their prediction, it is necessary to ensure to the lessee the actual right to persecute and have the property alienated to third [5].

Nevertheless, the judge of the Court of Justice of São Paulo, Kioitsi Chicuta [6] argues that "aiming the Party to grant effects Erga omnes of the validity clause in case of alienation and to exercise, Eventually, right preferably, just just one record. The simple news in the public registry of the existence of a lease is sufficient to guarantee the lessee the right of preference and for which a specific clause (contrary to what they understand respectable opinions). "

In other words, it understands the judge that there is no need for a contractual prediction of the right of preference, since the simple registration of the lease on the public registration is sufficient to ensure this right.

Thus, the lease agreement in the competent real estate registration is indispensable and at the same time sufficient to ensure the right of preference to purchase property leased. Without this preview, it becomes fragile any attempt to acquire good.

[1] Law No. 8.245 / 91, art. 27.

[2] Law No. 6,015 / 73.

[3] As well as Mary Helena Diniz (Diniz, Maria Helena. Realtio registration systems . 4. Ed. São Paulo: Saraiva, 2003, p. 13).

[4] Law No. 8.245 / 91.

[5] RESP 912223 / RS, Fourth Class of the STJ, Min. Rel. Marco Buzzi, 2012.

[6] Chicuta, Kioitsi. The new Civil Code (LGL2002400) and real estate registration. thesaurus registered-notarial-real estate . V. 4, São Paulo: IRIB, 2005.