Camila Asha Champam de Lacerda
Lawyer at Marcos Martins Advogados
In a recent decision, the 27th Chamber of Private Law of the São Paulo State Court of Justice authorized the suspension of the payment of the 13th rent of a tenant whose establishment is located in a shopping mall closed due to the pandemic.
The tenant filed a request for preliminary injunctive relief and obtained an injunction authorizing the suspension of the payment of the 13th rent, until the outcome of the main action.
In their defense, the landlords appealed to the TJSP claiming, in brief summary, that the injunction unilaterally alters a contractual clause agreed upon by mutual agreement between the parties.
However, the TJSP upheld the injunction granted on the grounds that it only ordered the suspension of the payment of the 13th rent, the validity of which in light of the factual situation will still be judged by the lower court.
In his decision, the reporting judge stressed the importance of social pacification, pointing out that, given the worsening pandemic situation, as well as the closure of shopping malls, just as the landlord needs the tenants, the tenants also need the shopping center to carry out their activities.
Therefore, the decision was unanimous and maintained the suspension of payment until the outcome of the action.
Marcos Martins Advogados is attentive to new developments in case law in order to provide adequate and effective advice to our clients.
