With the crisis that hit Brazil, the increase in bureaucracy for the acquisition of real estate financing and the drop in the average rental price, the dream of owning a home had to be postponed by many people.

The property lease is still a good source of income for the owner, but so that this source of income does not become a source of loss, it is necessary to pay attention to some precautions when preparing your lease agreement.

I usually say that every contract must be drawn up by an expert in the area , as in my opinion he would be the most qualified person to predict and avoid future financial loss.

Lessor remember that the property makes up your property and for this reason it should be preserved as much as possible and a way to preserve it is to make a well-prepared lease agreement.

From this you can ask me: What are the main precautions that the Lessor needs to take? To answer your question I will list in 5 points:

1-   Make an analysis of the past life of the possible tenant, search for his CPF on credit protection websites and on the website of the Court of Justice in your region. In this way, it will be able to analyze whether the possible Lessee is in the habit of defaulting or if on another occasion he caused damage to someone;

2-   Choose the best form of guarantee , as a general rule, the most common guarantees are: surety (guarantee given on movable property or cash), surety (guarantee given through a person called guarantor) and surety insurance (guarantee given through a brokerage firm). insurance or financial agent). In my opinion for the Lessor, the best guarantees are guarantor and surety bond.

The problem is that it is very difficult to get a guarantor, you will already know why, and in the surety insurance, the Lessee invests in an amount, which corresponds to approximately one month's rent plus accessories (IPTU and condominium), but at the end of the lease, no you will have the money you paid for the insurance back, this is one of the reasons why the Tenant is resistant to the surety bond, as it is an investment with no return.

Now, you can ask me why it is so difficult to get a guarantor, among other reasons, because according to summary 549 of the STJ, the guarantor who guarantees a lease may have their only property pledged to satisfy the Lessee's debt. . That's exactly what you read, if the Tenant defaults, the guarantor may lose his family asset to pay off the debt.

Be very careful, because for this summary to be effective at the time of completion of the contract, an updated lien certificate must be requested, to prove that the property effectively belongs to the guarantor and that it is available.

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3- Another precaution that needs to be taken if the guarantee option is surety , is to insert a clause with "waiver of the benefit of order" , the insertion of this clause gives the Lessor the right to, in the event of default, be able to perform at the same time the Lessee and Guarantor, since the lack of this clause generates the obligation to execute the Lessee first and then the Guarantor, which is a real waste of time and money;

4- When making your contract remember that the lease may only require one type of guarantee and the insertion of two guarantees, according to the tenancy law, may constitute a criminal misdemeanor, punishable by simple imprisonment from 5 (five) days to 6 (six) ) months or a fine of 3 (three) to 12 (twelve) of the value of the last rent, which will be reversed in favor of the Lessee.

5- When making the contract and stipulating that the obligation to pay IPTU and condominium belong to the Lessee, it is important to remember that this clause only produces effects between the parties, that is, the lack of payment by the Lessee may result in the loss of the property due to execution of the condominium fee or registration of the debt in the active debt. Therefore, the best way to avoid losses is to insert in the contract the total value of the lease with the accessories whose payment will be made directly by the Lessor;

Promptly, if these precautions are taken, the possibility of the Lessor having a financial loss is reduced, making the lease safer.

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