Attention to Clauses
Have you ever encountered cases where a rental contract led to legal issues due to null or abusive clauses? Recently, an acquaintance lost a legal case against their tenant due to invalidity and abuse of certain rental contract clauses in the agreement. But do you know what distinguishes these clauses and how to prevent similar problems in your rental agreements?
Legal Protection: Two Important Approaches
In the realm of urban rentals, there are two levels of protection for the tenant. The Urban Leases Law (LAU) and consumer regulations act as protective shields, especially when the lessor is a business owner and the lessee is an individual or non-profit entity outside their professional activity.
Null Clauses: Understanding Your Rights
The LAU establishes that a clause will be null if it goes against its provisions and harms the lessee. These clauses are considered invalid regardless of lessee acceptance. For instance, clauses that limit the contract’s duration or impose high compensations on the lessee are deemed null.
In our previous posts you may find more information about rental agreements.
Abusive Clauses (Consumers): Additional Protection
Another point to consider involves abusive clauses related to consumer and user rights. For a clause to be considered abusive in a rental contract, it must occur in a consumer relationship where the lessor acts in their business capacity and was not individually negotiated. These clauses, if disproportionately detrimental to the lessee, can be declared null.
Relevant Conclusions: Vital Legal Backing
Both the LAU and consumer regulations protect the lessee, making it crucial to draft clauses with caution to avoid future legal conflicts. Remember, the lessee’s signature doesn’t always guarantee legal validity, emphasizing the importance of careful clause drafting to ensure legal compliance.
In summary, some clauses can be null even if signed by the lessee, as established by the LAU. Moreover, in the case of consumers, clauses significantly prejudicial to the lessee may be considered abusive and, therefore, null. Protect your rights, and exercise caution when signing rental agreements to steer clear of legal issues!
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