The Marília Civil Court granted a request for urgent relief in an eviction action for non-payment of a commercial lease guaranteed by a guarantee, based on article 300 of the Code of Civil Procedure.
The eviction injunction was requested by the landlady due to the tenant’s default. The lease agreement provided for the construction of the leased property at the tenant’s request (a contractual modality known as built to suit), so that the landlord had to invest capital to fulfill the contract.
Despite the wording of article 59, paragraph 1, item IX of the Lease Law, which, by cold and literal interpretation, would lead to the understanding that it would not be possible to evict the tenant outright when the lease is guaranteed by a guarantee. In the specific case, it has been shown that the tenant’s default is causing serious damage to the landlord, above all because of the investment made in building and adapting the property (built to suit), which would be returned with the payment of rent and rental charges. In other words, in addition to not receiving the rent and not being able to dispose of the property, the landlord is being harmed by not getting a return on the investment made to serve the tenant.
For these reasons, the court recognized the existence of the legal requirements for granting emergency relief based on article 300 of the Code of Civil Procedure and granted the preliminary injunction to evict the tenant, after the deadline for the tenant to clear the arrears had elapsed, even though the contract was guaranteed by a guarantee.
Marcos Martins Advogados acts for the landlord and is ready to meet the demands of its clients.
