Rental Rules
This document is an integral part of the Lease Agreement signed between the Landlord and Tenant, and serves to set out the day-to-day rules of the rental agreement. The rules applicable to the Lease Agreement are those in force at the time of signing and will not be changed. Each term marked in blue in the Lease Agreement will also be explained in detail below, to ensure that there are no doubts about this long-term relationship.
Rental and Rental Invoice
1. Lease: The Lease is exclusively residential, with a duration of 30 months, and the Tenant is prohibited from changing the purpose of the property, subletting it or transferring this lease agreement, even partially. It is also prohibited to indicate the property as the tax address of a legal entity.
1.1. Initial Declarations: By signing the Lease Agreement, the Landlord declares (a) that he/she is the rightful owner of the property and (b) that the property is free and clear for rental purposes. The Tenant declares that he/she agrees to rent the property in the manner in which it is being delivered.
1.2. Automatic renewal: If the Tenant remains in the property for 30 days after the end of the Lease term, without opposition from the Landlord, the Agreement will remain in force for an indefinite period until the Property is returned. In this case, the Landlord may take back the Property provided that he requests it from the Tenant 30 days in advance.
2. Lease Start Date: This is the date (a) on which the Landlord transfers possession of the property to the Tenant, and must make the Property Access Items available, (b) from which the Tenant may move into the property and (c) on which charges will begin.
2.1. Attention: Some condominiums require scheduling a day and time for the move. It is the Tenant's responsibility to schedule this period in advance, so that if the Condominium Administrator does not authorize the move, this condition will not be a justification for postponing the collection of rent.
2.2. Attention 2: The “Cancellation” of the contract under the terms of the Lease Agreement, with the application of a fine of 1 rent, may only be requested by the Tenant before the Lease Start Date. From this date onwards, a fine of 3 rents will be due.
3. Property Access Items: These are all items necessary to access the property (door keys, locks, access cards, including those of the condominium), as well as its facilities (garage control, shopping cart key, storage key, among others). The internal doors of the property are not included in this rule, and it will be the Tenant's responsibility to obtain them at their own expense if they are not in the property. Access items must be returned at the end of the lease.
3.1. Attention: If the Landlord does not provide the Property Access Items by the Lease Start Date, the Tenant must contact Citas to describe the specific missing items.
4. Entry and Exit Inspections: Two inspections are carried out throughout the Lease, through descriptive analysis and photos of the Property's items: a) Entry, carried out up to the Lease Start Date; and b) Exit, which will be carried out up to the termination date, upon notification by the Tenant.
4.1. The inspection reports will be available to the Parties. They must review them within 5 days of their availability. If there is any discrepancy with the actual situation of the property, the Parties must express this in writing and with photos. If there is no full statement or statement regarding specific points, it will be understood that they have been accepted.
4.2. Attention: The purpose of the Inspections is to record the apparent conditions of the property, allowing comparison between them at the end of the Lease. Therefore, the Entry Inspection does not oblige the LANDLORD to repair any of the defects indicated therein, since the Tenant visited or had the opportunity to visit the Property previously, and negotiated and accepted it under these conditions.
5. Lease Invoice: The Lease Invoice includes the rent, regular condominium expenses, utility bills and Fire Insurance. Internet may or may not be contracted by the condominium and included directly on the same invoice. The amounts refer to the period between the 7th of the month and the 6th of the subsequent month, or proportionally, if the start and/or end of the Lease occur on an intermediate date. Fire Insurance amounts will be charged according to the conditions of the current insurance. IPTU must be paid directly to the city hall.
5.1. Attention: The boleto is the only accepted payment method and will be sent monthly to the Tenant by email. Failure to receive the boleto does not exempt the Tenant from payment.
6. First Payment: Refers to the first Rental Bill that the Tenant must pay. In the first month of the lease, the full amount of the Rent and utilities will be due.
6.1. Attention: Only in the second month will the charge be made proportional to the days between the Start Date and the 7th. From the third month onwards, the charge stabilizes - full amount, day 7.
7. Rent: Amount due for the Lease, as per the summary table at the beginning of the Agreement. The rent will be automatically adjusted every 12 months based on the accumulated monthly variation of the IPCA/IBGE, considering positive variations.
7.1. Rent Collection: This will be done as a “month due”, that is, the rent for the month of March will be paid at the beginning of March, and so on.
7.2. Rent accounting: Will be done from the 7th of the current month to the 6th of the subsequent month.
8. IPTU: Urban Property and Land Tax levied on the property, as well as any tax that may be charged on parking spaces or deposits on the property, for which the Tenant is responsible for paying in full, directly to the city of São Paulo. It is the Tenant's responsibility to receive the invoice and make the payment, and proof of payment must be presented whenever requested.
9. Fire Insurance: Also known as Comprehensive Residential Insurance or Supplementary Fire Insurance, Fire Insurance has the Landlord as the insured and the property being leased as the insured object, with the payment of the premium being the responsibility of the Tenant, in accordance with the Tenancy Law. The Parties declare that they are aware that the purchase of Fire Insurance indicated by Citas is optional and that, should they wish to use an insurance product provided by an insurer other than the one indicated, they may do so as long as the request is made or approved by the Landlord. The specifications of such insurance should be sought directly from the insurer in question, with Citas being exempt from any liability regarding the insurance contracted.
10. Public Utility Services: In addition to the rent and rental charges, the Monthly Bill will charge a utility consumption allowance. services such as electricity and water. The consumption of each unit will be calculated monthly and if there is additional consumption to the allowance, the consumption will be charged on the following month's bill.
11. Sale of the property: If the Landlord intends to sell the Property, he is obliged to notify the Tenant of this intention, granting the right of preference in the purchase if the Tenant offers the same purchase conditions. In this case, the Tenant will have a period of 30 days to express his/her opinion, and his/her silence will be understood as a refusal of said right.
11.1. Attention: Even if the property is sold, this does not mean that the Tenant must vacate the property. It is up to the Buyer to determine whether or not to continue with the lease and, if the Buyer wishes to continue, but the Tenant wants to leave the property, he must comply with the Termination rules.
12. Payment less than the amount due: If there is payment of an amount less than the amount due, the receipt will only prove payment of this amount, not implying full payment and eliminating the incidence of art. 322 of the Civil Code.
Condominium and Condominium Bill
13. Condominium Rules: the rules must be fully complied with by the Tenant, who is obliged to provide the condominium administration with updated copies of such rules, conventions and regulations, for their own knowledge and that of the other residents of the Property.
13.1. Attention: It is also the Tenant's responsibility to inform the condominium about the identification of parking spaces, storage rooms and other rules for the common areas of the building.
14. Communications and Notifications from the Condominium: If the Tenant receives any notifications or summons from the condominium intended for the Landlord, he/she must forward them to Citas immediately, under penalty of assuming responsibility arising from the Landlord's lack of knowledge of the content of the notification.
15. Total Condominium: means the total value of Condominium, considering the Ordinary and Extraordinary values.
15.1. Updating of values by the Condominium after signing the Contract: The change in the Condominium values depends on the expenses that the Condominium incurred in that month. Therefore, if there is an increase in the Condominium values by the Administrator, the Tenant will be fully responsible for its payment.
16. Ordinary Condominium Expenses: are those understood as those necessary for the administration, day-to-day maintenance of the Condominium, especially those described in §1 of art. 23 of the Tenant Law. Main examples: condominium fee, maintenance fund, equipment maintenance costs, budget deficit, labor charges of condominium employees and utility bills charged to the condominium fee.
17. Extraordinary Condominium Expenses: these are those that do not refer to routine building maintenance costs, especially those described in the sole paragraph of art. 22 of the Tenancy Law. Main examples: creation of a Reserve Fund, renovations, painting of the building's external area, installation of security equipment, and costs with the construction of new areas.
18. Optional Condominium Contracting Expenses: These are expenses incurred upon the Tenant's request for the rental of spaces, provision of some service or supply of a product by the Condominium. Main examples: rental of the party room, rental of the barbecue area and pest control of the property;
19. Condominium Fine: is the penalty imposed by the Condominium Administrator in case of non-compliance with any of the condominium rules.
19.1. If the Condominium imposes any fine on the Tenant, the Landlord may immediately pay the fine, even if the Tenant does not agree with its application. This is because any condominium debt will initially be registered in the name of the Landlord. In this case, if the Tenant believes that the penalty is unfair, he/she must investigate the matter directly with the Condominium Administrator and/or in court, obtaining, in the event of a successful outcome, reimbursement of the amount initially paid for the fine directly to the Administrator.
Improvements, Damages and Repairs
20. Improvements: Modifications to the property with the aim of improving or preserving it. They may be necessary (maintenance or conservation work), useful (which expand the property, facilitate its use or make it safer) or voluptuous (aesthetic changes or changes that make the property more comfortable).
20.1. Retention: the Tenant shall not have the right to retain the Property, nor shall he have the right to compensation, for any voluptuous improvements implemented therein, even if expressly authorized by the Lessor.
21. Apparent Damage/Defects: Defects that are easily noticeable in the property, such as stuck windows and doors, mirrors and tiles with aesthetic damage, marked floors, among others. These are understood as accepted by the Tenant, since he had the opportunity to visit the property previously and negotiate the price and other conditions considering these factors.
22. Hidden Damages/Defects: These are those that cannot be identified immediately, even through a person's prudent analysis. Hidden defects are, for example, the non-functioning of the hydraulic system, which cannot be identified due to the absence of water supply to the property.
23. Repairs for which the Lessor is responsible: These are repairs related to damage prior to the lease and which are the Lessor's responsibility to repair and which are not classified as Urgent or Emergency Repairs.
23.1. Absence of response from the owner: if there is no response regarding the measures to be adopted to carry out the repair within the deadline, the Tenant may submit 3 estimates for carrying out the repair. If the Landlord does not respond regarding the estimates submitted within 2 days, Citas may approve the repair of the lowest estimate. When the payment is made by the Tenant, the Tenant may request a refund, which will be made by discount on the Rental Invoice, upon proof of payment.
24. Urgent Repairs: Repairs to defects that compromise the usability of the property but do not make it uninhabitable, such as leaks or infiltrations, failure of an essential appliance, such as a refrigerator, or mold that interferes with staying in the room. These are the responsibility of the Landlord, who must respond about the procedure to be adopted to carry out the repair within 3 days, counting from the receipt of the notification.
24.1. Estimate in the event of no response from the owner: if there is no response regarding the measures to be adopted to carry out the repair within 3 days of becoming aware of the existence of the defect: (a) the Tenant may submit 3 estimates for carrying out the repair; or (b) Citas may provide estimates with its partner providers.
24.2. Carrying out repairs in the event of no response from the owner: if there is no response regarding the estimates sent within 2 days of receipt of the amounts, Citas is authorized to approve the lowest estimate presented, on behalf of the Lessor. When the payment is made by the Tenant, the Tenant may request a refund, which will be given by discount on the Rental Invoice, upon proof of payment.
25. Emergency repairs: Repairs to defects that compromise the usability of the property and may cause even greater damage, such as broken pipes with major leaks, short circuits in the electrical network or gas leaks with a risk of fire. These are the responsibility of the Landlord, who must respond to the procedure to be adopted to carry out the repair at the time of notification. The Landlord is exempt from liability if the damage was caused by misuse by the Tenant - such as drilling holes in the wall where there is plumbing, connecting electronic devices that are incompatible with the installed electrical infrastructure, etc.
25.1. Absence of response from the owner: if there is no immediate response regarding the measures to be adopted to carry out the repair, Citas may (i) send a partner service provider to the Property to assess the necessary repair or (ii) approve the carrying out of the repair by the Tenant, with subsequent reimbursement, provided that they are carried out at average market costs.
25.2. Proof: The Tenant must send Citas proof of defects before starting repairs, to prove their existence and extent.
26. Natural Wear and Tear: Progressive weakening or loss of functionality in the property or moving parts, caused by time and not related to misuse.
26.1. Attention: At the end of the Lease, the Tenant must return the property painted in the same conditions as it was received, with new paint. As most of the units have decorative painting that requires specialized labor, there is a contractual provision for charging a painting fee when leaving the property, and it is not necessary for the Tenant to carry out the painting, as long as he pays the Exit Fee in full.
27. Return of the property: in the event of non-compliance by the Tenant with the conditions for returning the property, Citas may prepare estimates for carrying out the repair and replacement of missing or damaged objects, all with the same standard and quality as the originals, and then proceed to charge the Tenant the cheapest fee, in accordance with the terms of the Lease Agreement.
Final Provisions
28. Expropriation: in the event of expropriation of the property, this Agreement shall be considered terminated by operation of law, without any compensation being due to either Party, except for the right of the Parties to seek compensation that they deem due from the Public Authorities.
29. Habitability of the Property: These are minimum conditions that must be met in the property so that it can be inhabited by an ordinary person. These conditions are objective and do not depend on the understanding of either Party. For example: the property must have at least one bathroom with toilet and shower; have wiring so that the supply of electricity can be contracted, etc.
30. Hiring Fees: These are the amounts spent by one of the Parties in hiring third parties to assist in fulfilling some obligation of the other Party, which the other Party refused or failed to fulfill. For example, these are the fees for hiring a lawyer so that a Party can obtain a court order and/or judicial compliance with a demand, and which must be reimbursed/paid by the defaulting party.
31. Loss of Profits: these are losses caused by the Landlord's inability to rent the property, caused by the fault of the Tenant, who must compensate them. In the event of disagreement by the Tenant, this loss may be proven through arbitration.
32. Novation: any omission or tolerance by the Parties regarding the obligations of the Contract will not imply waiver, withdrawal or novation.
33. Parties: Lessor (who has the property to rent) and Tenant (who rents the property), as specified in the Contract.
34. Specific Penalties: Special penalties created for cases of non-compliance in certain situations, in which their application will prevail over the general penalty.
35. Administrator or Citas: refers to Citas Information and Hosting, CNPJ: 28.032.148/0001-27, headquartered at Rua Libero Badaró, 613, Historic Center, São Paulo - SP. Citas Customer Service, available via email: contato@citas.com.br or telephone 95289-6695.
Rental and Rental Invoice
1. Lease: The Lease is exclusively residential, with a duration of 30 months, and the Tenant is prohibited from changing the purpose of the property, subletting it or transferring this lease agreement, even partially. It is also prohibited to indicate the property as the tax address of a legal entity.
1.1. Initial Declarations: By signing the Lease Agreement, the Landlord declares (a) that he/she is the rightful owner of the property and (b) that the property is free and clear for rental purposes. The Tenant declares that he/she agrees to rent the property in the manner in which it is being delivered.
1.2. Automatic renewal: If the Tenant remains in the property for 30 days after the end of the Lease term, without opposition from the Landlord, the Agreement will remain in force for an indefinite period until the Property is returned. In this case, the Landlord may take back the Property provided that he requests it from the Tenant 30 days in advance.
2. Lease Start Date: This is the date (a) on which the Landlord transfers possession of the property to the Tenant, and must make the Property Access Items available, (b) from which the Tenant may move into the property and (c) on which charges will begin.
2.1. Attention: Some condominiums require scheduling a day and time for the move. It is the Tenant's responsibility to schedule this period in advance, so that if the Condominium Administrator does not authorize the move, this condition will not be a justification for postponing the collection of rent.
2.2. Attention 2: The “Cancellation” of the contract under the terms of the Lease Agreement, with the application of a fine of 1 rent, may only be requested by the Tenant before the Lease Start Date. From this date onwards, a fine of 3 rents will be due.
3. Property Access Items: These are all items necessary to access the property (door keys, locks, access cards, including those of the condominium), as well as its facilities (garage control, shopping cart key, storage key, among others). The internal doors of the property are not included in this rule, and it will be the Tenant's responsibility to obtain them at their own expense if they are not in the property. Access items must be returned at the end of the lease.
3.1. Attention: If the Landlord does not provide the Property Access Items by the Lease Start Date, the Tenant must contact Citas to describe the specific missing items.
4. Entry and Exit Inspections: Two inspections are carried out throughout the Lease, through descriptive analysis and photos of the Property's items: a) Entry, carried out up to the Lease Start Date; and b) Exit, which will be carried out up to the termination date, upon notification by the Tenant.
4.1. The inspection reports will be available to the Parties. They must review them within 5 days of their availability. If there is any discrepancy with the actual situation of the property, the Parties must express this in writing and with photos. If there is no full statement or statement regarding specific points, it will be understood that they have been accepted.
4.2. Attention: The purpose of the Inspections is to record the apparent conditions of the property, allowing comparison between them at the end of the Lease. Therefore, the Entry Inspection does not oblige the LANDLORD to repair any of the defects indicated therein, since the Tenant visited or had the opportunity to visit the Property previously, and negotiated and accepted it under these conditions.
5. Lease Invoice: The Lease Invoice includes the rent, regular condominium expenses, utility bills and Fire Insurance. Internet may or may not be contracted by the condominium and included directly on the same invoice. The amounts refer to the period between the 7th of the month and the 6th of the subsequent month, or proportionally, if the start and/or end of the Lease occur on an intermediate date. Fire Insurance amounts will be charged according to the conditions of the current insurance. IPTU must be paid directly to the city hall.
5.1. Attention: The boleto is the only accepted payment method and will be sent monthly to the Tenant by email. Failure to receive the boleto does not exempt the Tenant from payment.
6. First Payment: Refers to the first Rental Bill that the Tenant must pay. In the first month of the lease, the full amount of the Rent and utilities will be due.
6.1. Attention: Only in the second month will the charge be made proportional to the days between the Start Date and the 7th. From the third month onwards, the charge stabilizes - full amount, day 7.
7. Rent: Amount due for the Lease, as per the summary table at the beginning of the Agreement. The rent will be automatically adjusted every 12 months based on the accumulated monthly variation of the IPCA/IBGE, considering positive variations.
7.1. Rent Collection: This will be done as a “month due”, that is, the rent for the month of March will be paid at the beginning of March, and so on.
7.2. Rent accounting: Will be done from the 7th of the current month to the 6th of the subsequent month.
8. IPTU: Urban Property and Land Tax levied on the property, as well as any tax that may be charged on parking spaces or deposits on the property, for which the Tenant is responsible for paying in full, directly to the city of São Paulo. It is the Tenant's responsibility to receive the invoice and make the payment, and proof of payment must be presented whenever requested.
9. Fire Insurance: Also known as Comprehensive Residential Insurance or Supplementary Fire Insurance, Fire Insurance has the Landlord as the insured and the property being leased as the insured object, with the payment of the premium being the responsibility of the Tenant, in accordance with the Tenancy Law. The Parties declare that they are aware that the purchase of Fire Insurance indicated by Citas is optional and that, should they wish to use an insurance product provided by an insurer other than the one indicated, they may do so as long as the request is made or approved by the Landlord. The specifications of such insurance should be sought directly from the insurer in question, with Citas being exempt from any liability regarding the insurance contracted.
10. Public Utility Services: In addition to the rent and rental charges, the Monthly Bill will charge a utility consumption allowance. services such as electricity and water. The consumption of each unit will be calculated monthly and if there is additional consumption to the allowance, the consumption will be charged on the following month's bill.
11. Sale of the property: If the Landlord intends to sell the Property, he is obliged to notify the Tenant of this intention, granting the right of preference in the purchase if the Tenant offers the same purchase conditions. In this case, the Tenant will have a period of 30 days to express his/her opinion, and his/her silence will be understood as a refusal of said right.
11.1. Attention: Even if the property is sold, this does not mean that the Tenant must vacate the property. It is up to the Buyer to determine whether or not to continue with the lease and, if the Buyer wishes to continue, but the Tenant wants to leave the property, he must comply with the Termination rules.
12. Payment less than the amount due: If there is payment of an amount less than the amount due, the receipt will only prove payment of this amount, not implying full payment and eliminating the incidence of art. 322 of the Civil Code.
Condominium and Condominium Bill
13. Condominium Rules: the rules must be fully complied with by the Tenant, who is obliged to provide the condominium administration with updated copies of such rules, conventions and regulations, for their own knowledge and that of the other residents of the Property.
13.1. Attention: It is also the Tenant's responsibility to inform the condominium about the identification of parking spaces, storage rooms and other rules for the common areas of the building.
14. Communications and Notifications from the Condominium: If the Tenant receives any notifications or summons from the condominium intended for the Landlord, he/she must forward them to Citas immediately, under penalty of assuming responsibility arising from the Landlord's lack of knowledge of the content of the notification.
15. Total Condominium: means the total value of Condominium, considering the Ordinary and Extraordinary values.
15.1. Updating of values by the Condominium after signing the Contract: The change in the Condominium values depends on the expenses that the Condominium incurred in that month. Therefore, if there is an increase in the Condominium values by the Administrator, the Tenant will be fully responsible for its payment.
16. Ordinary Condominium Expenses: are those understood as those necessary for the administration, day-to-day maintenance of the Condominium, especially those described in §1 of art. 23 of the Tenant Law. Main examples: condominium fee, maintenance fund, equipment maintenance costs, budget deficit, labor charges of condominium employees and utility bills charged to the condominium fee.
17. Extraordinary Condominium Expenses: these are those that do not refer to routine building maintenance costs, especially those described in the sole paragraph of art. 22 of the Tenancy Law. Main examples: creation of a Reserve Fund, renovations, painting of the building's external area, installation of security equipment, and costs with the construction of new areas.
18. Optional Condominium Contracting Expenses: These are expenses incurred upon the Tenant's request for the rental of spaces, provision of some service or supply of a product by the Condominium. Main examples: rental of the party room, rental of the barbecue area and pest control of the property;
19. Condominium Fine: is the penalty imposed by the Condominium Administrator in case of non-compliance with any of the condominium rules.
19.1. If the Condominium imposes any fine on the Tenant, the Landlord may immediately pay the fine, even if the Tenant does not agree with its application. This is because any condominium debt will initially be registered in the name of the Landlord. In this case, if the Tenant believes that the penalty is unfair, he/she must investigate the matter directly with the Condominium Administrator and/or in court, obtaining, in the event of a successful outcome, reimbursement of the amount initially paid for the fine directly to the Administrator.
Improvements, Damages and Repairs
20. Improvements: Modifications to the property with the aim of improving or preserving it. They may be necessary (maintenance or conservation work), useful (which expand the property, facilitate its use or make it safer) or voluptuous (aesthetic changes or changes that make the property more comfortable).
20.1. Retention: the Tenant shall not have the right to retain the Property, nor shall he have the right to compensation, for any voluptuous improvements implemented therein, even if expressly authorized by the Lessor.
21. Apparent Damage/Defects: Defects that are easily noticeable in the property, such as stuck windows and doors, mirrors and tiles with aesthetic damage, marked floors, among others. These are understood as accepted by the Tenant, since he had the opportunity to visit the property previously and negotiate the price and other conditions considering these factors.
22. Hidden Damages/Defects: These are those that cannot be identified immediately, even through a person's prudent analysis. Hidden defects are, for example, the non-functioning of the hydraulic system, which cannot be identified due to the absence of water supply to the property.
23. Repairs for which the Lessor is responsible: These are repairs related to damage prior to the lease and which are the Lessor's responsibility to repair and which are not classified as Urgent or Emergency Repairs.
23.1. Absence of response from the owner: if there is no response regarding the measures to be adopted to carry out the repair within the deadline, the Tenant may submit 3 estimates for carrying out the repair. If the Landlord does not respond regarding the estimates submitted within 2 days, Citas may approve the repair of the lowest estimate. When the payment is made by the Tenant, the Tenant may request a refund, which will be made by discount on the Rental Invoice, upon proof of payment.
24. Urgent Repairs: Repairs to defects that compromise the usability of the property but do not make it uninhabitable, such as leaks or infiltrations, failure of an essential appliance, such as a refrigerator, or mold that interferes with staying in the room. These are the responsibility of the Landlord, who must respond about the procedure to be adopted to carry out the repair within 3 days, counting from the receipt of the notification.
24.1. Estimate in the event of no response from the owner: if there is no response regarding the measures to be adopted to carry out the repair within 3 days of becoming aware of the existence of the defect: (a) the Tenant may submit 3 estimates for carrying out the repair; or (b) Citas may provide estimates with its partner providers.
24.2. Carrying out repairs in the event of no response from the owner: if there is no response regarding the estimates sent within 2 days of receipt of the amounts, Citas is authorized to approve the lowest estimate presented, on behalf of the Lessor. When the payment is made by the Tenant, the Tenant may request a refund, which will be given by discount on the Rental Invoice, upon proof of payment.
25. Emergency repairs: Repairs to defects that compromise the usability of the property and may cause even greater damage, such as broken pipes with major leaks, short circuits in the electrical network or gas leaks with a risk of fire. These are the responsibility of the Landlord, who must respond to the procedure to be adopted to carry out the repair at the time of notification. The Landlord is exempt from liability if the damage was caused by misuse by the Tenant - such as drilling holes in the wall where there is plumbing, connecting electronic devices that are incompatible with the installed electrical infrastructure, etc.
25.1. Absence of response from the owner: if there is no immediate response regarding the measures to be adopted to carry out the repair, Citas may (i) send a partner service provider to the Property to assess the necessary repair or (ii) approve the carrying out of the repair by the Tenant, with subsequent reimbursement, provided that they are carried out at average market costs.
25.2. Proof: The Tenant must send Citas proof of defects before starting repairs, to prove their existence and extent.
26. Natural Wear and Tear: Progressive weakening or loss of functionality in the property or moving parts, caused by time and not related to misuse.
26.1. Attention: At the end of the Lease, the Tenant must return the property painted in the same conditions as it was received, with new paint. As most of the units have decorative painting that requires specialized labor, there is a contractual provision for charging a painting fee when leaving the property, and it is not necessary for the Tenant to carry out the painting, as long as he pays the Exit Fee in full.
27. Return of the property: in the event of non-compliance by the Tenant with the conditions for returning the property, Citas may prepare estimates for carrying out the repair and replacement of missing or damaged objects, all with the same standard and quality as the originals, and then proceed to charge the Tenant the cheapest fee, in accordance with the terms of the Lease Agreement.
Final Provisions
28. Expropriation: in the event of expropriation of the property, this Agreement shall be considered terminated by operation of law, without any compensation being due to either Party, except for the right of the Parties to seek compensation that they deem due from the Public Authorities.
29. Habitability of the Property: These are minimum conditions that must be met in the property so that it can be inhabited by an ordinary person. These conditions are objective and do not depend on the understanding of either Party. For example: the property must have at least one bathroom with toilet and shower; have wiring so that the supply of electricity can be contracted, etc.
30. Hiring Fees: These are the amounts spent by one of the Parties in hiring third parties to assist in fulfilling some obligation of the other Party, which the other Party refused or failed to fulfill. For example, these are the fees for hiring a lawyer so that a Party can obtain a court order and/or judicial compliance with a demand, and which must be reimbursed/paid by the defaulting party.
31. Loss of Profits: these are losses caused by the Landlord's inability to rent the property, caused by the fault of the Tenant, who must compensate them. In the event of disagreement by the Tenant, this loss may be proven through arbitration.
32. Novation: any omission or tolerance by the Parties regarding the obligations of the Contract will not imply waiver, withdrawal or novation.
33. Parties: Lessor (who has the property to rent) and Tenant (who rents the property), as specified in the Contract.
34. Specific Penalties: Special penalties created for cases of non-compliance in certain situations, in which their application will prevail over the general penalty.
35. Administrator or Citas: refers to Citas Information and Hosting, CNPJ: 28.032.148/0001-27, headquartered at Rua Libero Badaró, 613, Historic Center, São Paulo - SP. Citas Customer Service, available via email: contato@citas.com.br or telephone 95289-6695.