The challenges of the effectiveness clause in case of sale in lease contracts

Abstract

This article seeks to investigate impacts on the Brazilian rental market regarding a specific clause called the validity clause in case of alienation in a rental contract. The study aims to contribute substantially to the understanding of possible obstacles and weaknesses, both in the legal and practical scope, of the sale of the leased property to third parties, during the determined term of the contract in relation to the rights and obligations of both the lessee and the lessor... The challenges associated with this clause are diverse. Lack of communication or obligational understanding from each party can lead to conflicts and litigation. The research is based on descriptive and documentary bibliographic research methods, promoting a thorough assessment of tenancy legislation, doctrine, and jurisprudential decisions. The justification for this research comes from the emergence of new forms of real estate investment, such as real estate funds and online rental platforms, contractual practices and standard clauses that are constantly evolving. A scientific paper can track and analyze these emerging trends, providing valuable information about how the divestiture clause is adapting to changes in the real estate market