Sometimes, after a change of property owner, the tenant may encounter difficulties in paying the rent, either because the new landlord refuses to collect it or because it is not clear to whom it should be paid (for example, in cases of unresolved inheritance).

In these situations, the tenant's fear arises because, in case of non-payment, the landlord may file an eviction lawsuit against them and be forced to leave the property.

Well, for these cases there is the option of consignment, that is, a mechanism that allows the tenant to fulfill the rent payment when the landlord does not want or cannot collect it. Although consignment can be made in court or before a notary, judicial consignment is more convenient because it does not involve any cost for the tenant (neither a lawyer nor a legal representative is necessary).

However, before going to court, the law requires that the payment be offered to the landlord, which can be done through a reliable means (for example, a burofax). If the landlord rejects the payment or remains silent, a written submission can be made to the court where the facts will be exposed and the opening of a "voluntary jurisdiction file" will be requested.

Once this process is initiated, the court will inform the landlord that the rent has been consigned and that they have ten days to accept and withdraw it. If the landlord opposes or does not respond, the court will ask you to decide whether to withdraw or maintain it. It is advisable to inform the court to keep it, thus making your payment intention clear. After this procedure, the court will summon you and decide whether the consignment has been properly made. If so, you will be free from any liability to the landlord.

 

Our professionals will advise and help you follow the corresponding steps in case you are a tenant and find yourself in a similar situation.