Post by account_disabled on Mar 12, 2024 22:24:43 GMT -5
The Havan department store chain will not have to retroactively pay the amounts corresponding to the last five annual adjustments provided for in the lease contract for its store in Catuaí Shopping Maringá, in the city of Maringá (PR) — amounts that were not charged at the correct time.
reproduction
Havan do Catuaí Shopping store will not have to pay adjustments provided for in the contract, but not charged by the landlord
The 3rd Panel of the Superior Court of Justice understood, however, that the rental company's omission regarding the adjustment in the previous five years does not prevent it from charging it over the remaining period of the contract.
The decision originated from a Portugal Mobile Number List declaratory action for non-existence of debt proposed by Havan against the company responsible for managing and leasing the shopping mall's commercial spaces. According to the department store, it and the real estate company signed a 20-year contract, with a minimum rent of R$53,300 or 2% of the store's revenue, whichever was higher.
Havan reported that it always paid its rent on time, but was surprised by an extrajudicial notification charging R$361,900, relating to automatic contractual adjustments of 5% per year — which would never have been charged —, in addition to the respective monetary correction and an adjustment of the minimum rent to R$80.9 thousand.
In the action, the department store maintained that the rental company's inertia in applying the annual contractual adjustments leads to the application of the supressio institute , both in relation to retroactive payments and in relation to values after the extrajudicial notification.
Suppression inhibits a right due to its non - exercise by the creditor during the course of the contractual relationship, creating in the debtor the belief that it will no longer be exercised.
In its defense, the rental company claimed that it is not reasonable to assume that Havan, a large and experienced company in the business sector, understood that the failure to charge annual adjustments would represent a waiver of such amounts by the other party to the contract.
The first-instance judge upheld Havan's requests to declare the non-existence of debt related to retroactive adjustments not charged and the unenforceability of the annual adjustment in rents for the remaining 15 years of the contract.