O Tribunal de Justiça do Estado de São Paulo decidiu que os herdeiros que utilizam imóvel ainda não partilhado, devem pagar aluguel à sua(s) irmã(s). O processo se originou porque os atuais residentes do imóvel haviam se mudado para morar com os pais, mas após o falecimento destes, continuaram morando no imóvel.
De acordo com o relator do processo, a ausência do inventário não impede que a irmã não residente receba compensação financeira.
Em seu voto, entendeu que “seria estranho privilegiar apenas alguns herdeiros em desfavor dos demais apenas porque o inventário ainda está em andamento, o que se por certo está em rota de colisão com os Princípios Gerais de Direito. Se há fruição única da coisa por parte de alguns herdeiros, é imperioso haver contrapartida aos demais”.
Assim, se há a utilização do imóvel apenas por parte de alguns herdeiros, é necessário que estes arquem com aluguel, além de todos os custos inerentes ao imóvel (tais como contas de água, luz e IPTU), para compensar aqueles herdeiros que não o utilizam.
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