Post by account_disabled on Mar 13, 2024 13:20:58 GMT 10
If the lease agreement for a store in a shopping center was terminated early, the lessee does not need to pay the advertising fee in full. This was the understanding of the 27th Civil Court of São Paulo when considering the charge by Jardim Pamplona Shopping Center as abusive.
Yanalya
Renter must not pay full fee if they terminate the contract before the deadline
Yanalya
The storeowner, who rented space in the shopping center, returned the keys before the end of the rental contract. However, the mall demanded that he pay the full advertising fee.
According to judge Vitor Frederico Kumpel, from the 27th Civil Court of São Paulo, it is not possible for the shopping center to charge the full value of the advertising fee without providing the services, and even after the tenant returns the keys to the rented property.
According to Kumpel, the full collection of Portugal Mobile Number List installments due to the early termination of the lease is “in breach of the principles of reasonableness and proportionality”, with only the overdue installments being payable “until the effective vacancy of the store, at which point, obviously, it would not be possible to provide the store’s advertising services”.
Abusive clause
The lawyer responsible for the storeowner's defense, Francisco dos Santos Dias Bloch , from the firm Cerveira, Bloch, Goettems, Hansen e Longo Advogados Associados, states that the advertising fees charged by shopping centers as a condition for signing rental contracts for commercial hall can be questioned in the Judiciary.
In this case, the retailer paid the down payment and four more installments (out of 36) of the so-called advertising contract, even though he had never benefited from any marketing in favor of his brand, and the mall never informed the parameters to be followed for the production of the product. advertising material.
“These initial advertising fees, in fact, are gloves”, says Francisco Bloch. “Some shopping centers require the signing of these contracts as a condition for renting a commercial space, and do not provide advertising services, which makes the charge abusive”, he concludes.
Yanalya
Renter must not pay full fee if they terminate the contract before the deadline
Yanalya
The storeowner, who rented space in the shopping center, returned the keys before the end of the rental contract. However, the mall demanded that he pay the full advertising fee.
According to judge Vitor Frederico Kumpel, from the 27th Civil Court of São Paulo, it is not possible for the shopping center to charge the full value of the advertising fee without providing the services, and even after the tenant returns the keys to the rented property.
According to Kumpel, the full collection of Portugal Mobile Number List installments due to the early termination of the lease is “in breach of the principles of reasonableness and proportionality”, with only the overdue installments being payable “until the effective vacancy of the store, at which point, obviously, it would not be possible to provide the store’s advertising services”.
Abusive clause
The lawyer responsible for the storeowner's defense, Francisco dos Santos Dias Bloch , from the firm Cerveira, Bloch, Goettems, Hansen e Longo Advogados Associados, states that the advertising fees charged by shopping centers as a condition for signing rental contracts for commercial hall can be questioned in the Judiciary.
In this case, the retailer paid the down payment and four more installments (out of 36) of the so-called advertising contract, even though he had never benefited from any marketing in favor of his brand, and the mall never informed the parameters to be followed for the production of the product. advertising material.
“These initial advertising fees, in fact, are gloves”, says Francisco Bloch. “Some shopping centers require the signing of these contracts as a condition for renting a commercial space, and do not provide advertising services, which makes the charge abusive”, he concludes.