In cases where the tenant is late in paying the rent, the landlord has the possibility of terminating the rental contract, but only in situations provided for by current legislation. DECO PROTeste clarifies the conditions and procedures to be adopted to terminate the rental contract in this circumstance.
When can the contract be terminated?
According to DECO PROTeste, the lease contract can be terminated by the landlord in the following situations:
- Delay of three months or more in rent payment: If the tenant accumulates a delay of this size, the landlord has the right to terminate the contract.
- Delay of more than eight days, more than four times in 12 months: This rule applies regardless of whether the delays are consecutive or not.
These provisions aim to protect the landlord’s rights while ensuring that the tenant fulfills their contractual obligations.
How should communication be done?
The landlord must inform the tenant of the decision to terminate the contract through formal communication. In this process, it is essential to complete the following steps:
- Written letter: The information must be sent in writing, explaining the reasons for terminating the contract.
- Shipping with acknowledgment of receipt: The letter must be sent with acknowledgment of receipt, ensuring confirmation that the tenant has received the notification.
- In the case of a family address: If the property is the family residence, the communication must be addressed to both spouses.
These procedures are essential to ensure that the landlord complies with legal requirements and avoids possible challenges from the tenant.
What to consider before acting?
Although the legislation allows the termination of the contract under certain conditions, it advises that, whenever possible, an amicable solution be sought before taking drastic measures. A direct conversation between the parties can, in many cases, resolve situations of default without the need to end the lease.
However, if there is no possibility of agreement, following the procedures established by law is the safest way to guarantee the landlord’s rights and end the lease contract.
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