Post by account_disabled on Mar 12, 2024 3:36:57 GMT -5
Bill 5327/20 is being processed in the Chamber of Deputies , which provides for the existence of a guarantee fund, in favor of the guarantor, in the event of default by the property tenant. Experts criticize the proposal and say that the measure will not solve the problem of default.
The PL is authored by deputy David Soares (DEM-SP), and determines that, in cases where a guarantor is required, the property owner must transfer a monthly amount to the Portugal Mobile Number List guarantee fund. For contracts of up to 12 months, the transfer must be 10% of the rental value, for contracts of up to 24 months, the value is 5%, and from 36 months onwards, the transfer is 2% of the rent value .
The lawyer specializing in real estate law and partner at Advocacia Maciel, Alexandre Matias , explains that the PL amends article 827 and revokes items I and II of article 828 of the Civil Code. For him, it represents a setback without truly facing the problem, while it merely transfers the contractual guarantee responsibility from the tenant to the landlord.
According to the deputy author of the PL, the proposal aims to correct the situation of total fragility of the guarantor. The project also establishes that the guarantor's debt can only be executed after the liquidation of the guarantee fund.
However, Matias emphasizes that the PL only transmits the financial burden of the guarantee cost to the property owner, who will inevitably pass this cost on to the renter.
"The measure will not solve the problem of default and will also increase the rental cost, generating a cascade effect that will be passed on to the tenant", he states.
The lawyer and partner at Osório Batista Advogados, Ana Carolina Osório , agrees. "The fund will be similar to a surety bond. The PL renders the surety bond ineffective and also burdens the owner by removing part of the rent from his sphere of availability during the term of the rental contract.