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CONTRATO DE LOCAÇÃO DE IMÓVEL COMERCIAL

Os signatários deste instrumento, de um lado a Sra. LILIAN GALRÃO CARBONÉS, brasileira, professora, aposentada, separada judicialmente, portadora da cédula de identidade RG nº 7.512.814-7 SSP/SP e inscrita no CPF/MF sob nº 033.169.188-41, residente e domiciliada na Rua João Pereira Prado, nº 108 – casa 02- Jardim Mairi (centro) – Mairiporã/SP e de outro lado DARIO PAOLO ITALO BIZZO, brasileiro, casado, nascido em 19/04/1955, filho de Domenico Bizzo e Silvia Bizzo, portador da cédula de identidade RG nº 7404339- SSP/SP e inscrito no CPF/MF sob o n° 019.554.758-65 residente a Rua Cardoso César, nº 259– Centro – Mairiporã/SP, tem justo e contratado o seguinte, que mutuamente aceitam e outorgam, a saber:

A primeira nomeada, aqui chamada “locadora”, sendo proprietária de um imóvel comercial, sito a Rua João Pereira Prado, nº 108 – casa 01 (térreo) - Centro – Mairiporã/SP, loca dois terços ao segundo, aqui designado “locatário”, mediante as clausulas e condições adiante estipuladas, ou seja:

CLAUSULA PRIMEIRA:

O prazo de locação é de 01 (um) ano, a partir de 17 (dezessete) de novembro de 2.014 e com termino em 16 (dezesseis) de novembro de 2.015, data em que o locatário se obrigada a restituir o imóvel completamente desocupado.

CLAUSULA SEGUNDA:

O aluguel mensal é convencionado de acordo com a cláusula décima quinta, que o locador se compromete a pagar pontualmente, até o dia 17 (dezessete) de cada mês, na residência da locadora ou de seu representante.

CLAUSULA TERCEIRA:

O locatário, salvo as obras que importem na segurança do imóvel, obriga-se por todas as outras, devendo trazer o imóvel locado em boas condições de higiene e limpeza, com os aparelhos sanitários e de iluminação, pinturas, telhados, vidraças, mármores, fechos, torneiras, pias, banheiros, ralos e demais acessórios em perfeito estado de conservação e funcionamento, para assim restituí-los quando findo ou rescindido este contrato, sem direito a retenção ou indenização por quaisquer benfeitorias, ainda que necessárias, as quais ficarão desde logo incorporadas ao imóvel.

CLAUSULA QUARTA:

Obriga-se mais o locatário a satisfazer a todas as exigências do Poder Público a que der causa, e a não fazer modificações ou transformações no imóvel sem autorização escrita da locadora.

CLAUSULA QUINTA:

O locatário desde já faculta a locadora examinar ou vistoriar o imóvel locado, quando entender conveniente.

CLAUSULA SEXTA:

O locatário também não poderá transferir este contrato nem sublocar ou emprestar o imóvel, no todo ou em parte, sem preceder consentimento por escrito da locadora, devendo, no caso deste ser dado, agir oportunamente junto aos ocupantes, afim de que o imóvel esteja desimpedido do termo do presente contrato.

CLAUSULA SÉTIMA:

No caso de desapropriação do imóvel locado, ficará a locadora desobrigada por todas as cláusulas deste contrato, ressalvado tão somente a faculdade de haver do Poder desapropriante a indenização a que, porventura, tiver direito.

CLAUSULA OITAVA:

Nenhuma intimação do Poder Público será motivo para a locatária abandonar o imóvel ou pedir a rescisão deste contrato, salvo precedendo vistoria judicial, que apure estar a construção ameaçando ruína.

CLAUSULA NONA:

Para todas as questões resultantes deste contrato, será competente o foro da situação do imóvel, a saber: a Comarca de Mairiporã/SP, seja qual for o domicílio dos contratantes.

CLAUSULA DÉCIMA:

Tudo quanto for devido em razão deste contrato e que não comporte processo executivo será cobrado em ação competente, ficando a cargo do devedor, em qualquer caso, os honorários do advogado que a credora constituir para ressalva dos seus direitos.

CLAUSULA DÉCIMA PRIMEIRA:

Fica estipulada a multa de 10% (dez por cento) sobre o valor do contrato, na qual incorrerá a parte que infringir qualquer cláusula deste contrato, com a faculdade, para a parte inocente, de poder considerar simultaneamente rescindida a locação, independentemente de qualquer formalidade.

CLAUSULA DÉCIMA SEGUNDA:

Quaisquer estragos ocasionados ao imóvel e as suas instalações, bem como despesas a que a proprietária for obrigada por eventuais modificações feitas no imóvel, pela locatária, não ficam compreendidas na multa da cláusula décima primeira, mas serão pagas à parte.

CLAUSULA DÉCIMA TERCEIRA:

Todos os impostos e taxas que recaem sobre o imóvel locado, bem como qualquer aumento dos mesmos, ou novos que venham a ser criados pelo Poder Público, são da inteira responsabilidade da locadora. Cabendo ao locatário a importância de R$30,00 (trinta reais) mensais, referente a sua parcela no Imposto Predial e Territorial Urbano (IPTU), sofrendo aumento, mediante a correção anual de IPTU. São ainda de responsabilidade da locatária as contas de consumo de água, luz, força, telefone e gás, assim como as despesas de condomínio se houver.

CLAUSULA DÉCIMA QUARTA:

O imóvel, objeto da locação, destina-se exclusivamente para fins comerciais destinado a escritório, propriedade do locatário, sendo o contrato estritamente comercial, não podendo ser mudada a sua destinação sem o consentimento expresso da locadora.

CLAUSULA DÉCIMA QUINTA:

O aluguel mensal, ora livremente convencionado, é de R$600,00 (seiscentos reais), ficando deliberado que no caso de renovação do presente contrato, o aluguel nesta clausula mencionado, será reajustado de acordo com os índices do IGPM – FGV e ou outros índices que se estabeleceram disponíveis pelo Governo Federal, para essa finalidade; ficando estipulada ainda, multa de 10% (dez por cento) sobre o valor do aluguel no caso de atraso do pagamento do mesmo, além de correção monetária e juros legais.

CLAUSULA DÉCIMA SEXTA:

O ponto comercial da presente locação não é passível de venda, pois o mesmo pertence a proprietária do imóvel, ora “Locadora”.

CLAUSULA DÉCIMA SÉTIMA:

Na hipótese de ocorrer a prorrogação desta locação, o “Locatário” concorda, desde já, com o sistema de reajustamento do aluguel considerado oficial, de acordo com a legislação em vigor à época da eventual prorrogação deste contrato.

CLAUSULA DÉCIMA OITAVA:
Como forma de garantia ao presente contrato nos termos da Art.37, I, da Lei 8.245/91, o locatário paga a locadora a titulo de caução a importância de R$1.890,00 (um mil, oitocentos e noventa reais), o qual será compensado nos últimos três meses de vigência do presente contrato, ou seja, R$630,00 (seiscentos e trinta reais) por mês, sendo R$ 600,00 (seiscentos) de aluguel e R$30,00 (trinta) referente aos IPTUs.

CLAUSULA DÉCIMA MONA:

Estabelecem as partes contratantes que, para rescisão deste contrato, as partes interessadas deverão notificar mutuamente, com antecedência nunca inferior a 60 (sessenta) dias, findo este prazo, considera-se automaticamente renovada a presente locação pelo prazo de mais 1 (um) ano. Podendo esta renovação automática ocorrer por mais 1 (um) ano. Sendo findo esta segunda renovação automática, as partes deverão efetuar a notificação acima para demonstrar seu interesse em renovar o contrato, o que não ocorrendo será considerado como desinteresse para o “Locatário”, a sua continuação no imóvel ora locado, devendo o mesmo entregar as chaves a “Locadora”, impreterivelmente no dia do vencimento da referida prorrogação.

E, por assim terem contratado, assinam o presente, que é regido pela legislação em vigor e de acordo com a Lei nº 8.245 de 18/01/91, em 2 (duas) vias, ante as duas testemunhas abaixo, contrato que a seguir será registrado de acordo com a Lei 129 § 1º combinado com o Art. 130 da Lei nº 6.015, de 31/12/73.

Mairiporã, 17 de novembro de 2.014.

LOCADORA:
_____________________________________ LILIANGALRÃO CARBONÉS

LOCATÁRIO: _______________________________ DARIO PAOLO ITALO BIZZO

TESTEMUNHAS:

___________________________
Maria Anunciada da Silva Araújo

______________________________
Luiz Pereira Nakaharada Júnior

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