Eviction for Misusing of Rented Building

Abstract

The present study has as main scope the examination of the lessee violation to the duty of taking care of the building as it were his. We start by the exame of the jurisprudencial vision about the matter and also of the insuficient doctrine formed respecting the subject in order to get to some conclusions that are the folowing: the generical duty established by the art. 21 of the Law n. 6.649/79 can be transfered by contract to the lessee; the renting contract can establich detailedly how the lessee must take care of the building; the exame of the violation gravity takes place only when the legal duty or the non specified contractual duty is considered; in the lack of the lessee exigency for the written rol, the law presumes that the building was delivered in good shape of conservation; the action to recover the building can be deducted in the course of the reating contract; the lessor can request, besides the building recovery, indemnization; and finally, it is not necessary any comunication in order to make possible the action to recover the building irregularly used.