Government extends number of installments for establishments to pay past-due rents

The Government wants to give more time to non-housing tenants who adhered to the moratorium to pay past due rent and that the deferral can continue in the three months following the month of the lifting of the foreclosure levy.

These measures are part of a proposal to amend the non-housing urban lease moratorium, aimed mainly at commercial operators, which today entered the parliament.

With regard to the extension of the term for payment of arrears, the proposal points to a maximum of 24 installments, to be paid by December 2022.

In the preamble to the diploma, the Government points out that, “as expected and the practice confirmed”, the authorization to reopen the establishments or restart the activity “did not have the immediate effect of resuming the economic activity of economic operators with levels of billing that still do not allow them to meet all fixed expenses ”.

In this context, the Government proposes that the payment of already deferred rents can be postponed for a longer time, through the possibility of diluting it with a larger number of installments, providing that the debt settlement period begins on January 01, 2021. and runs until December 31, 2022.

“The payment is made in 24 successive installments, in an amount corresponding to the result of the apportionment of the total amount due for 24, settled together with the income of the month in question or up to the eighth day of the calendar of each month, in the case of non-income monthly, ”says the document, safeguarding that the total amount owed excludes past due and already paid rents.

The diploma also provides for an extension of the moratorium, defining its extension up to three months after the month in which the imposition of the closure or suspension was lifted.

“The lessee who fulfills the provisions of the previous article may likewise defer payment of rents earned during the months in which, under the legal provision or administrative measure approved in the context of the pandemic disease covid-19, the closure of its facilities or suspension of the respective activity ", reads in the diploma, which also provides that this deferral of rents may occur" in the three months following the month in which the lifting of the imposition of the closure of its facilities or the suspension of respective activity ”.

In either case, it defines the diploma, the deferral, cannot be applied to rents that are due after December 31, 2020.

In an amendment to this exceptional regime, approved at the end of May, the possibility of deferring rents had been extended until September, for establishments whose activity had to remain closed.

To benefit from this regime, the tenant will have to communicate this intention in writing to the landlord, by registered letter with acknowledgment of receipt, “sent to the respective address contained in the contract”.

This regime does not prevent the tenant from being able to pay all or part of the missing installments at any time.

In addition to this issue, and as pointed out in the communiqué of the Council of Ministers last week, this Government proposal also provides for a mechanism to facilitate the agreement between landlord and tenant to settle unpaid rents, when the latter does not intend to benefit from the moratorium regime. .

“As an alternative to the communication provided for in the preceding paragraph, the lessee may address to the landlord, by registered letter with acknowledgment of receipt, sent to the respective address contained in the contract, a proposal for an agreement for the payment of past and past due rents, different from the solution provided for in the previous article ”, says the proposal.

Aware that, during these months of the Covid-19 pandemic, several landlords and tenants made agreements different from that provided for in the rent moratorium, the diploma determines that if these agreements resulted in less favorable rules than those now proposed by the Government, the tenant “Can proceed to the respective revocation” by sending a registered letter with acknowledgment of receipt to the landlord.

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