All establish a lease authorization (mandate), between the real estate agent and the lessor in order to document and define all the responsibilities of both parties regarding the lease of the property.
The lessor, when looking for a property management company, transfers to the management company all the responsibilities inherent to a lease in good faith, seeking a lessee who acts responsibly, diligently and who delivers the property under the same conditions and that is what the property company must do, act as if the property were yours.
The real estate agency must diligently seek all information and documents of the alleged tenant, acting diligently so that the lease is profitable for both the administrator and the owner and that it does not generate losses from the beginning of the lease until its final termination.
However, given the problems that the real estate industry faces, situations arise every day that the responsibilities of lessor, lessee and administrator meet and in some situations the intervention of the judiciary is necessary to distribute the responsibilities and punish those who effectively generated losses due to lack of commitment.
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What are the real estate's responsibilities in view of a lease?
The real estate agency must act with zeal, promptness, responsibility when evaluating the alleged tenant's documentation, requesting all the necessary documents , such as tenant, guarantor, registration certificate, proof of income, among other necessary documents. This is the best way to demonstrate that you acted with full responsibility and that you made correct use of the authorization that the owner assigned to the administrator.
Inspect the property on entry and exit, make extrajudicial or judicial charges in order to meet debts if any. Consult water and electricity debts upon termination of the contract, among other basic responsibilities.
What are the owner's responsibilities in face of a lease made/managed by a real estate agency?
The owner must provide all the necessary information and documents of the property, as well as deliver the property in living conditions, with water and electricity, connected and other items that are necessary for the entry of the new lessee to the property, without any further occurrences problems.
Is there a limit on the real estate's liability on leases?
Several problems can encompass a lease, whether family, financial, or contract termination. Situations like this cause the property management to create a certain protection barricade for its own safety and the best solution to these problems, in the end, the OWNER x REAL ESTATE relationship is governed by the form of civil mandate (Art. 653 to 666 of the Civil Code ), that is, the principal (lessor), grants a power of attorney with specific powers to the agent (real estate) to act on his behalf to manage his property.
Article 667 of the Civil Code brings the responsibility of the agent, let's see:
Art. 667. The representative is obliged to apply all his usual diligence in the execution of the mandate, and to indemnify any damage caused by his or her fault, to whom he delegates, without authorization, powers that he should exercise personally.
Therefore, any damage that may occur due to your fault, recklessness, negligence, must be indemnified by the real estate agency , either to the lessor or lessee.
A recent decision by the TJ/SE sentenced a real estate company to moral damages to a former lessee for not having changed the name of the same on the electricity bill . What generated negative name of the former tenant. The understanding confirmed the bad administration of the real estate agency , which had objective responsibility. The lessee had made the request for a name change with the electricity company and had not been able to, informing the real estate agency of what had happened, it was inert and did not make the change either. The decision recognized that the real estate agency had not acted with care, objective good faith, cooperation and loyalty that surround a relationship between the administrator, lessee and lessor, condemning it to pay moral damages to the former lessee, in this case.
Therefore, it should be noted that the responsibility of a real estate agency is shown not only in what is presented in the lease authorization signed between it and the owner and in the lease and tenant contract.
Responsibility and documents go hand in hand between the parties, as it is a relationship based on trust, good faith, zeal, care, diligence, and for this reason, tenant and owner assign this to the role of property manager.
