Post by account_disabled on Mar 10, 2024 22:50:35 GMT -5
Tenants of the parking lot and the former ticket office of the Jockey Club Brasileiro were evicted due to non-payment. The decision was made by the th Civil Chamber of the Court of Justice of Rio de Janeiro, which denied the appeal and maintained the sentence of the th Civil Court of the capital, which decreed, in , the eviction. There is an appeal.
According to the process, the Mantuano family, tenant of the Austria Phone Numbers List area and defendant in the process, has not paid the rent of R$, since April The process only includes one payment made in , of R$, The decision was made in the appeal proposed by the family against the Jockey Club Brasileiro.
According to the records, the lease contract was signed for a period of years in April The contract also provided for the payment of R$,, referring to the gloves that, according to the Mantuano family, the Jockey preferred to title as remuneration for the transfer of the area. The defendants allege that they had difficulties in installing the restaurant, since, at the time of signing the contract, they were not informed that the Gávea Jockey Club was an asset listed by the Municipality of Rio, leaving the landlord's primary obligation unfulfilled.
According to the tenants, due to the requirements that arose in the process of obtaining a license, it was only issued in April , one year after signing the contract. In the action, the family also alleges that the delay in starting the restaurant's activities resulted in serious difficulties and requests the return of the gloves, which they consider illegal.
The action began in the th Civil Court of the capital, where judge Márcia Cristina Cardoso de Barros judged the request to be valid and ordered the eviction of the property due to lack of payment. The tenants appealed, but judge Márcia Ferreira Alvarenga, from the th Chamber, rapporteur of the case, denied the civil appeal, maintaining the decision of the st Instance.
“In relation to late rent, it is certain that the lack of payment and other rental charges constitutes a contractual infraction that leads to the termination of the rental contract and the consequent eviction from the property, in accordance with article , item III, of the Law ,/”, stated the rapporteur.
The judge also recalled that the defendants did not deny, at any point in their defense, the non-existence of the debt, which in itself already gives rise to the eviction requested by the plaintiff.
“With regard to the request for return of the payment of “gloves”, the appellants will not have better luck. In fact, although the jurisprudence of the Court of Justice is in the sense that such a charge cannot be questioned in an eviction action, but rather managed through its own action, as demonstrated by the decision included in the sentence, such a request also does not merit acceptance due to the fact that the prohibition on charging for gloves provided for in the Lease Law, as alleged by the defendants, only refers to charging for gloves when renewing the contract, which is not the case”, he concluded.
According to the process, the Mantuano family, tenant of the Austria Phone Numbers List area and defendant in the process, has not paid the rent of R$, since April The process only includes one payment made in , of R$, The decision was made in the appeal proposed by the family against the Jockey Club Brasileiro.
According to the records, the lease contract was signed for a period of years in April The contract also provided for the payment of R$,, referring to the gloves that, according to the Mantuano family, the Jockey preferred to title as remuneration for the transfer of the area. The defendants allege that they had difficulties in installing the restaurant, since, at the time of signing the contract, they were not informed that the Gávea Jockey Club was an asset listed by the Municipality of Rio, leaving the landlord's primary obligation unfulfilled.
According to the tenants, due to the requirements that arose in the process of obtaining a license, it was only issued in April , one year after signing the contract. In the action, the family also alleges that the delay in starting the restaurant's activities resulted in serious difficulties and requests the return of the gloves, which they consider illegal.
The action began in the th Civil Court of the capital, where judge Márcia Cristina Cardoso de Barros judged the request to be valid and ordered the eviction of the property due to lack of payment. The tenants appealed, but judge Márcia Ferreira Alvarenga, from the th Chamber, rapporteur of the case, denied the civil appeal, maintaining the decision of the st Instance.
“In relation to late rent, it is certain that the lack of payment and other rental charges constitutes a contractual infraction that leads to the termination of the rental contract and the consequent eviction from the property, in accordance with article , item III, of the Law ,/”, stated the rapporteur.
The judge also recalled that the defendants did not deny, at any point in their defense, the non-existence of the debt, which in itself already gives rise to the eviction requested by the plaintiff.
“With regard to the request for return of the payment of “gloves”, the appellants will not have better luck. In fact, although the jurisprudence of the Court of Justice is in the sense that such a charge cannot be questioned in an eviction action, but rather managed through its own action, as demonstrated by the decision included in the sentence, such a request also does not merit acceptance due to the fact that the prohibition on charging for gloves provided for in the Lease Law, as alleged by the defendants, only refers to charging for gloves when renewing the contract, which is not the case”, he concluded.