Lease of Venezuela

Parts: 1, 2

1. Introduction
2.Lease
3.Legal nature of the Lease
4.Termination of the Lease
5.Lessor
6.Tenant
7.Special Law
8.Regulation of Lease Fees
9.Fixed-term Contracts
10.Right of Preference
11.Conclusion
INTRODUCTION
In its origins, leasing
it could be about things, works, or services. The idea of
services originate from the Roman idea of locatio
conduct, and thus, as Diez-Picazo points out,
the one who promises to pay the price is called 'driver', in
the so-called leasing of works is reversed
terminology and the one who pays the price is called
locator." Some authors, such as Arias Ramos, analyze the
idea of locare, and others point out that the terminology
was born "probably in hypotheses regarding
state works and then passed to law
private.

It is considered that what is acquired through leasing is

the purchase of use. In European legislation, and in some
speaks of the homeland history, the lease agreement
consisted of the transfer of the use or enjoyment of something
through the payment of a price, whether for things
corporate or incorporeal, movable, immovable, work of
services provided by a person, Intellectual or
mechanics, and the activities aimed at carrying out
I finish a work.
Based on what has been previously stated, we can define or
to conceptualize leasing as an agreement which confers
the right to use an asset for a period of time
determined. The most common lease is the one that is
between two parties, which are called landlord and
tenant.

The present work aims to develop in a truthful manner

and specifies what relates to this type of contracts, explaining their
characteristics, nature, types, extinction among
other things, according to what our Code stipulates
Current civil law and subsequently what is established by the law
especially in leasing matters, establishing its aspects
most important and highlighting the respective comparisons with the
special law on leasing recently
repealed.
On the other hand, it seeks to establish the obligations.
rights and restrictions of the landlord, according to it
typified in the aforementioned Civil Code in force, without
set aside the obligations and rights that it establishes
to the tenant.

All this with the aim of broadening knowledge

of the reader with clear and concrete ideas on
leasing.

LEASE
In the Venezuelan Civil Code, in its
Article 1579 defines leasing as a contract
by which one of the contracting parties agrees to do
enjoying another person's movable or immovable property for a certain period of time
and through a specified price that it is obliged to
pay that one. The part that is obligated to provide enjoyment of
the thing is called lessor and the other lessee. The price
It is usually called canon, rent, or lease.

The Lease Agreement is a contract by which

one of the parties, called lessor, is obliged to deliver
one thing for its counterpart, the tenant, to have it at
name and in place of the owner, use and enjoyment of it, paying
the landlord a price for it.

The price may consist of a sum of money paid

at once, or in a periodic amount, that in
this case is called rent. Another type of price can
to consist of half of the assets or benefit, according to the
type of contract it consists of.

LEGAL NATURE OF LEASE

It grants a title of mere possession, because the
the tenant does not have the thing with the intention of being a lord and
owner, but recognizes another's domain (of the landlord, in
this case).

Characters

It is Bilateral.

It is costly.

It is consensual.

Original main obligations.

It is of successive tract.

It is mandatory in the sense that it is not transferable.

of property or another real right.

Types of Leasing

The lease agreement can be presented in three ways.

species:

Leasing of things: this creates a

personal bond, by virtue of which one can demand the
tenant, the use and enjoyment of those, as long as it weighs
about him the obligation to pay the fee
agreed.

Lease of services: in this the

the landlord agrees to work or to provide certain services
services to the tenant in the agreed form, place, and time
through a payment. The tenant is obliged to
to repay the services.

This type of contract concludes due to breach of

obligations, due to termination of contract or due to the
death.

Location of works: in this

a contract where one person commits to another to carry out a
work or a specific job through the payment of a price.
This falls on the result of a job, on the
product of the same, already finished. Example: the making
of a suit or the construction of a house.

EXTINCTION OF LEASE
They are causes of extinction of
lease
 The mutual dissent.

The expiration of the term

fixed.

The unilateral will of one of the parties in the

indefinite lease case.

The loss or destruction of the

what.

The resolution for non-compliance.

The alienation of the thing

leased.

The law expressly states that the lease does not cease
due to the death of the landlord or the tenant; which is a
simple supplementary rule aimed at preventing the allegation of
termination of the contract due to the death of one of the parties in
cases in which it could be claimed that there is some element
intuitus personae in the contract.
Precisely because it is a supplementary rule, it does not apply.
when the parties have agreed otherwise. Thus, by
For example, if a house is rented for the duration of the
the life of the tenant, their death puts an end to the
lease.

LESSOR
The landlord is the person who owns the property.
of a good, regardless of whether it is movable or immovable,
which he leases to another person called
tenant so that he can enjoy it in a way
peaceful for a specified time, all with the purpose
to receive financial compensation in the form of
periodically, according to what has been established in the
contract. This economic payment is
Lease Canon.

Obligations of the Lessor

According to the nature of the contract and without the need
of a special convention, the landlord remains mainly
obliged to:

Deliver the leased item to the landlord.

 To keep it in a usable state, after all, so that
it has been rented.

To keep the landlord in peaceful enjoyment

of the leased item, for the duration of
contract

All of this according to Article 1,585 of our

Venezuelan Civil Code.

Now, it is worth mentioning that article 1,586 of the already

the aforementioned code requires the landlord to deliver
the thing in good condition with the necessary repairs
done.

During the term of the contract, the landlord must

make all necessary repairs that the thing requires;
except for those small ones that are accounted for by their use
of the tenant.

On the other hand, we have article 1.587 which

establishes that the landlord is obligated to him
tenant to the rectification of all flaws and defects that
lease the thing rented that prevents its use even when it is
was unaware of its existence at the time of the contract.

Landlord Prohibitions

As a main rule, the Civil Code in its

Article 1.589 expressly prohibits the lessor.
to vary the form of the leased thing during the time it lasts
the lease.

Now, the exception to this rule is

contained in article 1,590 of the aforementioned
code which empowers the landlord to carry out
repairs to the leased property as long as they are
urgent, and cannot be postponed until the moment that
terminate the lease contract, also obliges the
tenant to endure the work, even if it is very annoying
it makes the use of part of the thing impossible.

Landlord's Rights

The landlord has various rights regarding the

lease agreement, but the main rights are
basically two:
 1. Receive the lease payments, in the
time set in the contract

2. Receive the leased item at the moment of

terminate the lease contract in the same condition as
that I deliver to the tenant.

TENANT
The tenant is the person who acquires the use,
enjoyment and use of something for a specified time, in exchange
of the periodic cancellation of a fee of
lease, established subsequently in the
contract.

Obligations and Rights of

Tenant

Starting from these articles (1580 to 1628)

the legislation appears that is understood to regulate the
leases on things, houses, and rural properties. In
these provisions appear mixed within each article
rights and obligations of the lessor and the
tenant, now it will be explained what appears in these
articles on rights and obligations for the
tenant.

Obligations of the Tenant

CHAPTER II - TITLE VIII OF

CIVIL CODE

We have as fundamental obligations to serve oneself

of the thing as a good family man, that is, to use it in the manner
determined and to pay accordingly their fee or
pension. These 2 appear in the following:

Article 1,592

The tenant has two obligations

main:

1st. You must use the leased item as a good

family father, and for the specific use in the contract, or, to
lack of convention, for whoever may be
to presume, according to the circumstances.

You must pay the rental fee

under the agreed terms.
 The other provisions also
they establish duties to fulfill, such as the one of
to tolerate work that needs to be done on the thing in a certain way
urgent during the contract, even if it is very annoying it must
understand that that thing is not yours and you have to endure it.
Having established this, we proceed to present the article:

Article 1,590
If during the contract it is necessary to make in the thing
rented some urgent repair that cannot be postponed
until the conclusion of the lease, it has the
tenant's obligation to tolerate the work even if it is
very annoyed and although during it one feels deprived of a part of
the thing.

You must use the thing for what it was intended.

as mentioned in that previous article, because otherwise
the landlord will have the right to take action in their
against to resolve the contract. Therefore, if it is about
an office then this is how it should be used and
the utility will never be able to be changed (academia
of yoga) it is impossible to do this within the contract of
lease for office purpose

Article 1,593

If the tenant uses the thing for a different purpose

from the one to which it has been allocated or in such a way that it can
to harm the landlord, he may, according to
the circumstances, to resolve the contract.

The tenant has the obligation

to return the thing as it was given to you, that is, in
good conditions, since this is how it was presumed that the
received just like all the tenants do
assume that. Therefore, if it has caused you harm to the
it must be repaired immediately because otherwise
it has its consequence. You cannot enjoy one thing
as easy as damaging her and not being held responsible for it.
This is seen in the following:

Article 1,594

The tenant must return the thing as it was.

received in accordance with the description provided by
he and the landlord, except for what has perished or has
deteriorated by old age or by force majeure.
1,595
If the description has not been made, it is presumed that
the tenant has received the item in good condition and with the
local repairs, and must return it in the same.
condition, unless proven otherwise.

You should inform him/her as soon as possible.

owner of the thing and to the landlord with the same urgency
regarding damages or emergencies that the item may require, it must
to let them know when there's something new. Clearly this
here

Article 1,596

The tenant is obliged to put in

owner's knowledge, in the briefest
possible term, any usurpation or novelty
harmful that another person has done or manifestly
I want to do in the rented thing. It is also
obliged to inform the owner, with the same
urgency, the need for all the repairs that must be made
the landlord.

You are required to leave the place if so

it was stipulated in the contract, because contracts exist
that last a lifetime if wanted and others that stipulate that
upon the arrival of a new buyer, the tenant must vacate
without claiming compensation or anything. That is totally
legal. We can observe how that is:

Article 1,606

If it had been stipulated in the contract that in the case

of alienation the new acquirer may dismiss the
tenant before the term expires
lease, no compensation shall be owed,
unless otherwise agreed.

7) The following obligation to be developed

it entails a fine or consequence for having failed in the
exercising their duties and the subject that acts in this case
it will be the landlord; if a contract is resolved and it is at
due to the fact that the tenant did not fulfill his duties, this
You will have to pay for all the months that were made.
It is lacking until the new acquirer arrives. They will be able to.
pass all that are and the tenant will continue
owing the fee as if he were using it:
Article 1,616
If the contract entered into for a period were to be resolved
determined, due to the absence of the tenant, he has
obligation to pay the rent price for everything
the time that elapses until another can be celebrated, or for the
what is left until the natural expiration of the contract, if this
time does not exceed that of the,
damages and losses that have been inflicted on
owner.

8) As the last relevant obligation

achieved in these provisions we find the one that regulates
the rural properties, where it is seen that the tenant has
to preserve the natural things that are found there
like trees, forests, their harvests, etc. To
same time establishes that it must be limited to the use of
they only for cultivation, cannot cut anything
don't sell anything, but only what you may have been able to
collect like fruits...

Article 1.620

The tenant is particularly obligated to

the conservation of trees and forests if not
I would have stipulated otherwise. In the absence of a stipulation,
the tenant must limit the use of the forest to the purposes
concerning the cultivation and processing of the same land; but not
can be cut for the sale of wood, firewood or
carbon.

Tenant Rights

CHAPTER II - TITLE VIII OF

CIVIL CODE

1) Starting with the tenant's rights

We have as our main goal to endure in the lease.
until life itself if it were a house with the object of
being inhabited, there is no limit to the
termination of the contract. As established by it
article:

Article 1,580

Properties cannot be leased for more than

fifteen years. The leases entered into for more
from that time is limited to fifteen years. All
contrary stipulation has no effect. If it
it is about the rental of a house to live in, it can
establish that it lasts for the entire life of
tenant.

The tenant shall have the right to

sublet and assign within its property in case there is none
unless otherwise agreed, this is excellent because sometimes
there are people who do not use certain spaces of a place and
with this right you can take advantage to include within that
space for other people, adopting that landlord behavior
for the subtenants, since there
the obligation becomes double that is to say there will be 2
different within a single farm. Established in:

Article 1,583

The tenant has the right to sublet and assign, if

there is no express agreement to the contrary.

And also in the:

Article 1,584

The subtenant is not obligated towards him.

lessor, but only up to the agreed price amount in the
subletting that is debtor at the time of the
introduction of the claim, and cannot invoke payments made
in advance.
You have the right to have the item delivered to you.
in good condition, that is to say the thing will be repaired
as much as necessary by the landlord for the purpose of granting
a full enjoyment while using the thing. This is
presented by:

Article 1,586

The landlord is obliged to deliver the thing in

in good condition and the necessary repairs made. During the
the term of the contract must do all the repairs that the thing
I needed, except for the small repairs that,
according to the use, they are the responsibility of the tenants.

And of course that is done before starting the

contract, because if it is during the same and an occurrence arises
urgency, it should also obviously be repaired, and
if it takes more than 20 days, the tenant can
act, you can request a decrease in the price to
lease or in such case request the resolution. It
find in the following article:

Article 1,590
If during the contract it is necessary to do something to the thing
rented out any urgent repair that cannot be postponed
until the conclusion of the lease, it has the
tenant the obligation to tolerate the work even if it is
very upset and although during it one is deprived of a part of
the thing. If the repair takes more than twenty
days, the rental price must be reduced, in
proportion of the time and of the part of the thing of which the
the tenant is deprived. If the work is of such nature that
prevents the tenant from using the property, it may
that one, depending on the circumstances, to have it resolved the
contract.

4) And if the thing is partly destroyed, and the

the tenant is not to blame for that will have the opportunity to
ask for the resolution of the contract or the
decrease in price. As seen in this
provision

1,588

If during the lease the thing is totally lost

leased, the contract is resolved. If it is destroyed only
In part, the tenant may, depending on the circumstances,
request the termination of the contract or reduction of the
price.

5) The tenant will be provided with the form of the

thing with which the contract began, will not be
modified if you do not wish to because it will be in your
power to not allow it, as we see illustrated:

Article 1,589°

The landlord cannot change during the lease

the form of the leased thing.
6) And if he were disturbed in his enjoyment of
consequence of the property, will receive a
compensation in the price, as it does not come from
third parties nor from their rental, but from the very thing for which
he deserves to be compensated in the fee:
Article 1,591

The landlord is not liable for the disturbance that

a third party will cause by mere fact in the use of the leased thing
without claiming any rights to it; but the tenant will have
direct action against the disruptor. Yes, for the
on the contrary, the tenant is disturbed in their enjoyment of
consequence of an action related to the property of the
you will have the right to compensation
proportional to the rental price, as long as the
the inconvenience and the obstacle have been reported to
landlord.

And it was preferred to continue renewing the

contract, above others who wish to lease the place or
farm, as long as it has fulfilled its payments and has been
behaved well and if it lasted more than 5 years in loyalty with him
subject. Established by:

Article 1,618°

If the lease agreement had lasted for

more than five years, the tenant has a right
preferential over other people who intend to lease the property.
In this case, you can continue the lease under the same terms.
conditions that the third party may have stipulated. They do not enjoy this
right unless the tenants who are not involved in
breach of its contractual obligations, and
they must make use of it within the eight
days immediately following the notification that is given to them
do.

8) As the last right we have stipulated in

the civil code for the tenant was that where
will be able to keep the profits from the livestock and
animals that do not belong to anyone, they can take them
to remain as property as long as it is within its land and
be of no one, and thus its benefits that it could
produce

Article 1,622

When a property is rented with livestock and animals and not

there is a contrary stipulation about them, they belong to the
tenant all the utilities of said livestock or beasts and
the animals themselves with the obligation to leave in the
building, at the end of the lease the same number of heads
of the same ages and qualities.
We have already visualized the rights. Next
the duties or rather obligations that one has are broken down
tenant within their contract. We can find them within
the same articles already mentioned at the beginning because
they are all mixed up.

SPECIAL LAW
Exclusion of the Law for the Purposes of the
Lease Termination

Prescribes article 5 of the Decree Law.

exclusion only for the effects of the
termination of the lease relationship, the
leasing or subleasing of housing or premises whose
occupation is a consequence of an employment relationship
(it was enough with this expression) or of a relationship of
existing subordination; not so for the effects of the
setting of the maximum monthly rent of the
properties subject to regulation, when the rental value
It is part of the salary, without prejudice to what is provided.
in the Organic Law of Labor. In the relations
work the use of the property given by the employer to the employee
it can be part of the salary. In that case, the
legal relationship arising from the use of the property
it will not be governed by this Decree Law, but by the
labor legislation for the purposes of the delivery of
property. However, there can sometimes be between the employer and the
worker a lease contract independent of the
employment relationship and in this case it would apply
the Real Estate Lease Law regarding the
termination of the lease relationship.

Ban on Rental of
Housing

As in the previous law, it is declared illegal the

leasing or subleasing of urban housing or
suburbs that do not have the basic conditions
minimum health and habitability standards. Indicates the
Decree-Law that is especially included the
housing commonly called ranches, which are those
built with inadequate or perishable materials, such as
tables, cans, and cartons, which lack services of
primary infrastructure. That's why no one will be obligated to
pay rent for those homes. That provision has
The letter is dead, because illicit trade continues.
for the rental of those homes. It is another social reality.
legal advisory.

Conditions and Guarantees

An express provision is incorporated.

what obliges property owners and managers of real estate
intended for lease to maintain and preserve it in
in good condition. To do this, they must hire people
specialized in elevator maintenance service,
forklifts, incinerators, trash ducts, tanks of
water, hydro-pneumatic equipment and comply with
established in the relevant provisions regarding
painting and health requirements of the property.

2. As in the previous legislation, the

the tenant or subtenant is not obligated to
pay rents higher than those legally established, nor
first for the assignment, transfer or lease, or sale of
point, as well as accepting as a condition for the
celebration of the lease for the purchase of goods
furniture located within the area that
it is intended to lease.

A new clause is established

refers to the fixed-term contracts that
verses on properties exempt from regulation and in the
that no value clause has been agreed for the purposes
from the periodic update of the canon of
monthly lease, this will be adjusted every
once a (1) year has passed
lease relationship, according to the Index
Consumer Price Index established by the Bank
Central Venezuela, accumulated for that same
period, if the parties have not reached an
agreement on the amount thereof (art. 14).

The penalty of declaring is maintained.

null the sublease carried out without authorization
expressed and written by the landlord, and to consider the
offers of rental properties as offers
public.

5. As before, notices or warnings are prohibited.

press releases or any other advertising medium of
to require the tenant not to have children, the requirement to be
foreign or discrimination related to race, sex,
belief or social condition. However, in the
 advertising related to developments or buildings
designed for the rest of advanced individuals
age can now be pointed out
circumstance.

6. In the leasing of tenement houses or

rooms in private houses will not be allowed
demand more than 25% of the maximum rent set
in each case, for the concept of property cleaning payments,
household cleaning, water, gas or electric lighting nor
for any other similar service. Likewise, in the
buildings subject to regulation that are listed in
independent units, not subject to the regime of
horizontal property, the payment for sanitation is limited,
conservation, water, electricity and
any other similar service, at a maximum of 25%
of the rental fee amount.

7. The provision that requires is maintained

the new owner to respect the relationship
leased under the same terms agreed upon with the
previous owner.

8. As in the repealed legislation, not

it can be required at the same time from the tenant
real and personal guarantees. It was increased the
deposit for a maximum of four (4) months of
rent, plus the interest that is generated according to the
article 23 of the Decree-Law, must be placed
the money in a bank. If you don't do it, you will owe the
landlord to pay interest calculated at the passive rate
average of the six (6) main financial entities
during the lease relationship. The deposit and
the interests must be returned to the lessor (if
is solvent with all obligations) within
the sixty (60) calendar days following the
termination of the lease relationship,
understanding that it must be delivered once
the property. The law limits the late payment interest on the
delay in the payment of the lease fees to a
maximum of the average passive rate of the six (6)
main financial entities according to the
information provided by the Central Bank of
Venezuela.

9. Regarding the penalty clauses that

The Decree-Law defines (art. 8, literal c) as the
 sanction provided by the parties under the
breach of any of the clauses of the
contract, we consider that it is only allowed in the case of
from article 28 which states the following:

The parties may establish clauses

penalties for breach of the obligation assumed by
the tenant, referred to the delivery of the property to
expiration of the deadline.

Despite the term penalty clause, it is a

civil compensation that must be taken into
count the character of public order of the
provisions of this Real Estate Lease Decree-Law
and the prohibitions and sanctions of the rules enshrined in the
Constitution of the Bolivarian Republic of
Venezuela and in the Consumer Protection Law and to
User, about Usury. Any excess, the judge may
reduce the amount in a clause for the delay in the
delivery of the property upon expiration of the term and that for reasons
of justice shall not exceed the equivalent of the fee of
officially established lease and in the cases of properties not
subject to regulation, it should not exceed
equivalent to the rental fee agreed upon by the
parts.

REGULATION OF LEASE RATES

The setting of rental rates in
Venezuela was made in a Decree (September 9, 1939) about
regulation of the prices of essential items
need. The Rent Regulation Law of the 1st
In August 1960, it expanded the objective and content of the Law.
of the Tenancy Law of 1955, but it was given an inappropriate name,
well, that law not only regulated the standards of
leasing, but incorporated into the text a series of
scattered provisions that governed relationships
leasing. The law of 1960 established that they were
exempt from regulation the lease fees
corresponding to the properties belonging to the
Nation, the States, the Municipalities or the Institutes
Officials that the Executive will expressly determine (art. 2) and
single-family homes whose value, determined by the
regulatory bodies, did not exceed two hundred twenty-five
one thousand bolívares (Bs. 225,000.00). The regulation the
to the Directorate of Tenancy of the Ministry of
Promotion for properties located in the Federal District and the
Sucre District of Miranda State, or in those places where
as the National Executive ordered it, and in the
other cities and towns would continue
knowing the Municipal Councils.

With the new Real Estate Leasing Decree-Law

the only lease matter being processed in
administrative route is the establishment of the
landlord-tenant laws.

Article 29 states the following:

The establishment of the canons of

leasing of properties subject to regulation by
compliance with this Decree-Law will be based on
the following percentages of annual profitability on the value
of the property, represented in Tax Units. a) With a
value up to 4,200 Tax Units 6% annual. b) With a
value between 4,201 and 8,400 Tax Units 7% annual. c) With
a value between 8,401 and 12,500 Tax Units 8% annual. d)
With a value exceeding 12,501 Tax Units 9%
annual.

Sole Paragraph: The National Executive

you will be able to modify the profit percentages,
established in this article, when so requested
determine reasons of public interest or
social.

Regarding the repealed law, the variations were

percentages and currently the value of the property is determined
by Tax Units. Before the review of the
leasing agreements were made every three (3)
years, today it can be requested when they have passed
two (2) years after it has been carried out and notified
regulation.

It remains also as a reason to request

new regulation the total or partial change of the use or
destination for which the property was leased; but it is incorporated
a new assumption: when the owner or lessor has
executed on the property, within a period of two (2)
years, improvements whose cost exceeds twenty percent
(20%) of the value of the property.

Now, the maximum value of furniture and others

accessories that are found together with the housing no
it may exceed two percent monthly for the rent
(2%), calculated on the value per unit of the same (before
1%) and in no case may it exceed thirty percent
thirty percent (30%) of the amount of the fee set for the property (previously 15%)
for the leases of those furnishings (art. 31).
Termination of the Relationship
Tenant

Lease contracts are for a period of time.

determined or undetermined, and they can be made in writing or in
verbal form. By the wording of article 34 of the
Decree-Law gives the impression that contracts for
specific time cannot be celebrated verbally. Give that to him.
interpretation is not correct, since a contract for
a fixed period can be carried out verbally; it is
matter of tests. In time contracts
determined, at the same convention the parties set the
duration of the same, what is not done in the
indefinite contracts.

One of the major procedural differences with the Decree

Legislation on Eviction of Housing, we find it in that
now the eviction of leased properties verbally or by
indefinite writing is not exercised administratively,
but in judicial proceeding in a brief procedure,
regardless of its amount (art. 33).
Causes of the Eviction of the Property

As we said, the action is brought in court.

civil competent, regardless of its amount in
short procedure. The grounds for filing a lawsuit increase.
eviction in verbal lease agreements or by
written for an indefinite period. The actor will bear the burden
of the evidence of the alleged facts as grounds for requesting the
vacation of the property. Established by article 34
the following causes of unemployment:

a) That the tenant has stopped paying the rent of

lease corresponding to two (2) monthly payments
consecutive.

b) In the need that the owner has to occupy the

property, or any of its blood relatives within
of the second degree (father, son, brother, grandfather, grandson) or the son
adoptive (new). When the landlord is not the owner not
this cause proceeds.
c) That the property is to be the subject of
demolition or repairs that warrant the
unemployment.

d) That the tenant has allocated the property for use

dishonest, improper or in violation of conformity
of use granted by the respective municipal authorities or
for whom it may concern, or due to the fact that the tenant
has changed the use or destination of the property
it was agreed in the lease agreement, without it
prior written consent of the landlord.

e) That the tenant has caused to the property

deterioration greater than that resulting from normal use of the property
has made unauthorized renovations by the landlord.

f) That the tenant has incurred in the

violation or breach of the Internal Regulations. In the
horizontal property regime, the respective document
of the condominium and its regulations are considered Regulations
Internal.

g) That the tenant has assigned the contract of

leasing or subleasing the property in whole or in part,
without prior written consent of
lessor.

h) The Second Paragraph of Article 34

The exercise of actions is preserved that
they correspond to other grounds different from those provided for in that
article; meaning that the contracting parties
They can foresee other distinct causes, but we believe that they do not.
they can be contrary to public order or mean a
waiver of tenant rights. Let us remember that the
Article 7 of the Decree-Law establishes that: The rights that
this Decree-Law establishes to benefit or protect
The tenants are non-waivable. Any ...
action, agreement or stipulation that implies
waiver, reduction or diminishment of these
rights.

FIXED-TERM CONTRACTS
The parties are free to agree in these contracts
the causes for the termination of the same, except for the
previously mentioned regarding public order. Its
termination usually occurs on the day of
expiration of the stipulated deadline. By law
repealed, the tenant with thirty days of
anticipation if he was solvent with his obligations,
I could request the right through administrative means
preferably to remain a tenant. This
administrative procedure lasted years in the
practice made a large number of owners
they would prefer to keep their properties vacant.

The new Decree-Law includes the figure called

legal extension (arts. 38 to 41). It is granted for benefit
exclusive to the tenant. A reality was taken into account
social: the tenant generally does not find it easy to get
another house or place to move to in a timely manner. We
that extension seems equitable, as it seeks a balance
between the rights of the landlord and the tenant; but
requires that upon the expiration of the contractual term the
tenant is solvent with their obligations
contractual or legal. The article 40 states textually
like this:

If at the expiration of the contractual term the

tenant is in breach of its obligations
contractual or legal obligations, shall not have the right to
enjoy the benefit of the legal extension.

The breach is not simply referred to

the delinquency in the payment of rental fees;
it can be with other obligations. However, ultimately the
the breach will have to be assessed by the court
competent who knows about the case and not unilaterally the
landlord. When the legal extension is in progress not
demands for fulfillment of the contract will be accepted
lease upon expiration of the term, unless
filed due to the breach of legal obligations and
contractual.

RIGHT OF PREFERENCE
As in the repealed legislation, it is maintained
tenant's right of first refusal only for the
purchase of the property. The Decree-Law defines the preference
offered as the right that the tenant has to be granted
offer for sale, in the first place and with preference to anyone
third, the property it occupies in that condition, always and
when I have more than two (2) years as a tenant, I will
find solvent in the payment of the fees of
leasing and satisfy the owner's aspirations. The
lessor or the person authorized by instrument
the landlord must notify the tenant through
authentic document, (judge or notary) his
manifestation of wanting to sell, indicating the
price, conditions, and modalities of the negotiation. The
the tenant must notify the owner, or to the
authorized person as the case may be, in an undeniable manner (not
says that it should be in writing or an authentic document), its
acceptance or rejection of the offer made in your favor in the
a period of fifteen (15) calendar days (continuous)
from the date of the offer. After that has passed
termination without the tenant having accepted it
offering, the owner will be free to give in
sell the property to third parties, under the same conditions and
modalities of the offer for sale (art. 44).

According to the dictionary of the Royal Academy

indubitable (adjective) means certain and not open to doubt.
We recommend doing it in writing to avoid doubt or
controversy.

It is established that if within the one hundred eighty (180)

calendar days after the offer of the
sale, without having been carried out to third parties
that offer will become null and void, therefore,
to make a new one for any other negotiation than the
the landlord intended to celebrate.

The right of preference also existed.

in the Legislative Decree on Eviction of Housing (art. 6) if
the tenant had more than two (2) years
occupying the property or if the tenant had made
improvements that exceed five percent (5%) of their value,
even if I didn't have that time.

CONCLUSION
The work focused on the necessary specifications
in the matter of real estate leasing, that is to say, he stated
the basic concepts necessary for understanding the
theme.

On the other hand, we have made an exhibition of the

substantive content of the Decree with Rank and Force of Law of
Real Estate Leases, noting the differences
basics with the repealed legislation, and
specifically with the Rental Regulation Law of
August 1, 1960, Legislative Decree on Eviction of
Housing of September 27, 1947 and the Regulations of those
two regulations from February 5, 1972. We believe that we are in
presence, due to significant changes in the substantive, procedural
and for its purpose, of a new legal regulation, more
that a simple reform or fusion of laws. The Decree
Law, while still being a protector of the so-called weak part,
which is generally the tenant, seeks a balance between the
socio-economic interests of the landlord and the tenant,
both valuable and legitimate. In the exhibition of
reasons are stated, although the adjectival part has not been the subject of
our analysis, which: Furthermore, the project establishes
novel procedural rules that will allow to print to the
judicial processes the necessary speed so that the
conflicts can be resolved promptly, with true
sense of justice and equity.

The issue of the speed or delay of the processes is not

depends on the laws, but on the judicial bodies that
they are called to comply with procedural deadlines. On the other hand
part, we also do not share the final statement of the
exposition of motives of the Decree Law, regarding the effects
immediate or medium term. No matter how much
legally, it is about sowing trust among the
parts with the new instrument, this alone will not be
enough to get the owners to hand over their
properties for rent, or with an arrangement
modern and balanced legal system will be achieved that
massively build real estate developments. The goals
the indicated will be reached to the extent that the
National, State or Municipal executives create a climate of
true trust in social, political and
economic, that attract capital investment
nationals and foreigners in all activities
economic and not only in the field
real estate.