THURSDAY, OCTOBER 27

DR ALBERTO SORIA AGUILAR

TERM TERM AND CONTINUATION IN THE USE OF THE LEASED GOOD
The lease is one of the contractual tools most used in the field of Civil
Law, from there we will analyze from the legal scope its relationship
between contractors, definitions, characteristics, among others.
There are a number of issues that arise. In the first place, we will
briefly refer to the notion of leasing and its distinctive elements, in
order to understand the essence and mechanics of the agreement.
Then we will mention the regulation made by law 13.246 and the axes
it defines in relation to the minimum and maximum term, successive
contracts and the difference with the extension of the contract.
Concept of lease:
We define the contract "When one of the parties is obliged to grant
the use and enjoyment of a property, located outside or within a city
or town, destined to the use or agricultural exploitation in any of its
specializations and the other to pay for That use and enjoy a price in
money. " Then we have the contract is bilateral. There are two parties
that hire for the purpose of enjoying, enjoy a foreign land with a
defined time.
We find, then, two typifying elements of the lease:
the location of the property that is given in lease;
Its purpose: It can be House - Room Commercial premises,
agricultural, others.
A minimum lease must be 1 year and a maximum of 10 years but it is
advisable to make contracts for renewable years because the cost of
living rises annually and because also over time there is risk of losing
the property, either by prescription of domain Fact or by the bad faith
of the contractor.
Today, despite the promulgation of a new Law No. 30201, it has been
created against the defaulting tenants and also creates the Registry
of Obligors Debtors. Law that has been created in favor of tenants in
order to recover the property expired the term of lease or for reasons
of unpaid payments of pardte of the leased, only favors in part
because it is equally necessary to make an eviction process which
costs time and money. The only advantage that you have before to
evict a slow landlord took about 5 years nowadays can be evicted
between 1 and 2 years but provided you meet a requirement and you
are formal paying taxes to SUNAT.
We will see a clause that should be included in every contract as a
security measure.
The "lease-out clause of the tenant" is an express agreement that
may be added to real estate leases. It is not applicable, of course, to
movable property (vehicles, computers, etc.).

By means of this clause, the lessee undertakes to immediately vacate

the property (house, apartment, office, etc.), after judicial request, if
any of these two causes: conclusion of the contract or resolution of
the lease for nonpayment Of the agreed rents.
The disadvantage that since the start of the process of eviction while
leaving sentence the tenant delinquent can continue to inhabit the
property either for more than a year without paying said rent to the
owner of said property.