Post by account_disabled on Mar 12, 2024 4:19:34 GMT -5
If access to the leased space is prohibited to the tenant, paying rent becomes excessively burdensome for those who are contractually obligated to do so. Bilateral agreements presuppose benefits and obligations imposed on both contracting parties, and, in this case, the lessee will be fulfilling his obligation without obtaining the expected benefit, that is, the use of the leased space.
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The decision was made taking into account the losses caused by the Covid crisis
With this understanding, the court Portugal Mobile Number List of the 2nd Civil Court of Campinas extinguished the charge of four months of rent, condominium fees and other charges from a retailer selling jewelry in a shopping mall in the city.
The decision was made based on the losses caused by the Covid-19 epidemic, with the establishment closed for five months, without revenue.
In the action filed in defense of the client, lawyer Gustavo Maggioni , from the firm E. Faigle & Maggioni Advogados, argued that the establishment is located in the shopping center and, as it does not qualify for "essential" services, it has been closed since the beginning of the epidemic and no billing. In addition to expenses with the project, the author had to bear employee costs during the period, factors that caused a major financial imbalance.
In his sentence, judge Egon Barros de Paula Araújo determined that "the promotion fund and other charges must be charged, proportionally calculating the reduction in the author's monthly revenue, as well as the 13th rent must be charged using as a parameter the average of the applicant's operation, excluding from the aforementioned calculation the months in which the shopping center was closed".
To this end, the plaintiff must provide the defendant with documents proving its monthly billing on a monthly basis, in a way that allows the review of the calculations and consequent charges for rent and other rental charges under the terms and parameters established in this sentence.