Guarantee Versus Speed In Eviction Actions

Aiming to provide greater security to real estate lessors in lease con­tracts with no collateral, in case of default of the lessee, Federal Law No. 12,112/2009 included item IX in Article 59 of the Tenancy Act (Federal Law No. 8,245/1991), allo­wing an injunction for property eviction in 15 days, regardless of lessee's hearing, if the agreement is not secured by any collateral set forth in the Tenancy Act. Such collateral may include guarantees in the form of security deposit, su­rety or surety bond, and fiduciary assignment of quotas of invest­ment funds.

The original goal of this mecha­nism is to avoid irreversible losses to lessor due to a delay in obtai­ning relief, should it be impossi­ble to negotiate a guarantee or in case of its later extinguishment, for any reason. Notwithstanding, this mechanism may represent an alternative for lessor for those ca­ses in which a quick repossession of the property is more interesting than the guarantee provided.