Post by account_disabled on Mar 13, 2024 2:10:53 GMT -5
The closure of businesses as a result of the new coronavirus epidemic makes compliance with obligations by small business tenants excessively difficult.
Disclosure
Decision considered that as shopping malls are closed, tenants have no income to pay rent
Disclosure
It was based on this understanding B2B Lead that substitute judge Francisco Jorge, from the 17th Civil Chamber of the Court of Justice of Paraná, granted an injunction authorizing food companies with a current lease agreement with Park Shopping Barigui to suspend payment of rent for a period of 90 days. . The decision was made on Tuesday (14/4).
Shopkeepers stated that they did not have any revenue due to the quarantine, which forced the closure of shopping malls, galleries and similar establishments in the state.
In addition to the rent, they requested the suspension of the enforceability of all pecuniary obligations under the lease contracts, including common charges and the promotion and advertising fund. Requests were also met.
“In the global situation now being experienced, one cannot fail to recognize that the pandemic in fact reveals itself as an extraordinary and unpredictable event, at least in an initial examination, typical of this moment, and, thus, when dealing with the legal relationship between the parties, of continued execution, so that, initially at least, the fulfillment of the obligations by the lessee becomes excessively onerous”, states the decision.
The judge also considered it certain “that the small shopkeeper has a condition of hyposufficiency in relation to the large project that is Park Shopping Barigui, now aggravated”.
Airport
A similar action was filed by a representative of a commercial establishment that operates at Castro Pinto airport, in Paraíba.
In the process, the store owners requested the suspension of payments for March 2020, due on April 10, until the normal return of activities.
Judge Silvana Carvalho Soares, from the 4th Civil Court of the Capital, partially granted an injunction, determining the reduction of rent payments by 50% until the end of the state of emergency decreed due to the new coronavirus epidemic. The decision was made on Wednesday (15/4).
The judge considered that the full suspension of payment would end up transferring the entire burden of “this delicate moment to the promoted party, who will also suffer in their finances in this moment of instability”.
Other cases
With the impacts of the new coronavirus, a series of companies requested the suspension of contracts or a reduction in agreed values. In this sense, the Judiciary is still deciding differently.