Businesses and owners of high-value properties need carefully crafted lease agreements. Protect goodwill, regulate multi-million dollar improvements, and guarantee financial stability or the right to forced renewal.
Commercial leases are governed by completely different logics than typical residential leases. The commercial location (goodwill) is usually one of a company's most valuable assets, and its loss due to contractual breaches can mean the ruin of a business operation. On the other hand, the property owner needs solid guarantees of payment, correct indexation, and clear rules for returning the property without deterioration.
At Dr. Dario Carneiro Law Firm, we structure advanced contracts, including modalities such as *Built to Suit* (custom construction) and leases in shopping centers. We act both preventively, creating balanced and protected contracts, and in highly complex litigation, filing or defending Lease Renewal Actions, Rent Review Actions, and Commercial Evictions with legal speed.
We guarantee the exact contractual balance, protecting investments in renovations and shielding the owner against default or illegal occupation.
We develop tailored strategies for both document prevention and highly complex litigation.
We design customized contracts for corporate headquarters, logistics warehouses, and high-end street-level stores. We precisely regulate responsibilities regarding insurance, complex condominium fees, image rights for the facade, expense allocation criteria, and territorial competition barrier clauses.
For the tenant, we guarantee, through legal or extrajudicial means, the compulsory renewal of the contract, protecting the goodwill built up over the years. We rigorously analyze the requirements of the Tenancy Law (5-year term, same activity for 3 years) to file the lawsuit exactly within the statute of limitations.
We work to adjust rental values to the actual market price when there is a discrepancy (rental review). For landlords with defaulting tenants, we conduct eviction proceedings focused on the rapid repossession of the property through strategic injunctions, minimizing losses due to vacancy.
Defining official and reliable correction indices, as well as safeguards to prevent abrupt and unpredictable variations that could jeopardize the business or reduce the lessor's earnings.
Clear regulations regarding which renovations require authorization and whether there will be compensation or incorporation into the property, including an analysis of the validity of the clause waiving the right of retention.
Insertion and registration of the validity and preference clause in the property's registration, preventing the tenant from being evicted if the owner decides to sell the property to third parties.
This is the deadline the tenant has to file a lawsuit for forced renewal. It must be filed between 1 year and 6 months before the current contract expires. If this deadline is missed, the tenant loses the right to compulsory renewal and may be subject to an eviction notice (request for vacating the property).
Yes. Summary 335 of the Superior Court of Justice (STJ) expressly validates the clause waiving compensation for improvements and the right of retention in commercial leases. Therefore, this clause must be negotiated and written with extreme care.
If the contract contains a 'Term Clause' and is duly registered in the property's registration record (RGI), the new buyer will be obliged to respect the lease until the last day of the term. If it is not registered, the buyer may give the tenant 90 days to vacate.
Key money is a fee charged by the owner for reserving or leasing a commercial space. It can only legally be charged at the beginning of the initial lease agreement. Demanding key money upon contract renewal is considered illegal under Brazilian law.
Contact us directly and schedule a strategic meeting to analyze your case with complete confidentiality and dedication.
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