Waiver in renewal action can be presented until final and unappealable

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The waiver is a unilateral act and may be presented by the author until the claim becomes final. The understanding was applied by the 3rd Panel of the Superior Court of Justice when accepting a request for waiver in an action to renew a commercial lease contract filed against the owner of the property.


The Court of Justice of Minas Gerais had rejected the request on the grounds that the resignation had been requested after the deadline for the subject of the renewal demand had passed.

In his vote, the rapporteur of the case, minister Villas Bôas Cueva, highlighted that the court's jurisprudence has an understanding that the resignation “is a unilateral act, in which the author has the claim of material right, and can be presented until the transit judgment of the claim.”

The minister, however, ordered compliance with the sentence in relation to the payment of rent due until vacancy, which prevents the rental company from having to seek its rights in a new process.

In the action, the company, which B2B Lead has been renting the property since the 1980s, signed several amendments and requested the renewal of the agreement for a period of five years (December 2010 to November 2015). The first degree judged the renewal request to be unfounded and ordered the issuance of the eviction order, with a period of 30 days to voluntarily vacate the property. There was also a determination to pay the rent due until vacancy and unpaid taxes and fees.


After the ruling, in March 2016 the tenant submitted a request for resignation and termination of the process with resolution of the merits, but the TJ-MG rejected the approval of the request, considering that the final deadline for the subject of the renewal demand had already passed.

Furthermore, the TJ-MG took into account that the value proposed by the owner for the rent was also under judicial discussion, as opposed to the proposal of the author of the renewal action, as authorized by law.

“The termination of the process with a resolution on the merits, even if as a result of the waiver request, is not left to the sole discretion of the author and, precisely for this reason, cannot be approved when the defendant's request is pending assessment regarding the settlement of the value of the rent”, highlighted the TJ-MG ruling.



For Minister Villas Bôas Cueva, it is not up to the Judiciary, as a rule, to fail to accept the resignation request made by the author. The rapporteur noted that the peculiarity of the case lies in the supposed exhaustion of the claim made in court, as the waiver request was only presented when the deadline for renewal had passed. However, according to the minister, the interest of the author of the action remains.

“Resignation has as its logical assumption the existence, in theory, of the claim made to the first-degree magistrate. In this case, it is clear that the author's interest in reforming the judgment of unfoundedness still remains, mainly because there was recognition that she failed to pay taxes and fees and in view of the determination to pay the rent due until the vacancy of the property. property”, he pointed out.