Civil/Criminal Apartment Lease

Hi Matt,

Anything to do with renting property falls into the area of civil law.

Lei No. 8.245/1991 (commonly called Lei de Inquilinato)

Duties of the Tenant
Sec IV  Art. 23, III - restore the property at the end of rental to the condition in which it was received, excepting deterioration resulting from normal use;

So if it was painted just before you moved in you'll have to re-paint no matter how short a time you've been there. If you've broken or damaged anything through misuse you must repair it, but normal wear and tear, a/c and washing machine biting the dust aren't your problem and if he threatens to take you to court tell him to go ahead. The water bill, is it individual or shared??? If it's individual you're stuck with it. If it's shared then your contract should state a percentage which is your share. However $300 USD is outrageously high... is that for one month and have you actually seen the bill from the utility company?

Cheers,
James

Hypothetically if I disagree with him on ANY area of damages it falls under civil law, correct?





Matt V. - Manaus, Amazonas, Brasil
Visit my Personal Blog - brazilbs.blogspot.com

Yes, that's right. He can refuse to return any deposit you've paid if there was one and you'd be hard pressed to get any of that back, but it would be necessary for him to bring on an application in Small Claims Court (Pequenas Causas) if he wants you to pay for the a/c and washing machine. At that point you could defend yourself in the hearing. Given the short time you've been in the apartment he'd have one heck of a time proving that they didn't just wear out.

One thing I recommend it take photos of everything, especially of the a/c unit and washer so the judge could see how old they are.

I will e-mail you the bill. Last month it was $300USD. This month is was, seriously - $10USD. The guy is trying to pull the wool over my eyes and my spouse is a sucker for this b/s. I have copies of everything. And tomorrow I will take photos of everything. I don't suppose the fact he comes wobbling over here every couple days drunk asking me how I am helps his reliability!




Matt V. - Manaus, Amazonas, Brasil
Visit my Personal Blog - brazilbs.blogspot.com

Are you sure that the bill didn't include past debts and fines for not paying? That's common here.

  Cheers, 
  William James Woodward, Brazil & Canada Expert - Expat-blog Team

I am not sure - the bill made no indication. I think I may pay a visit to PAC (where the water company is) and ask them. I really think the guy thinks I am stupid. One thing I can say, I know he did expect my American attitude when I told him flat out I am not fixing anything here. They definitely take advantage of "tourists" here. The other day they tried to add a tip on a check at a restaurant.





Matt V. - Manaus, Amazonas, Brasil
Visit my Personal Blog - brazilbs.blogspot.com

Matt,

Can you scan the water bill and e-mail it to me so I can have a look what's going on here?

  Cheers, 
  William James Woodward, Brazil & Canada Expert - Expat-blog Team