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Apartment Delivered in Precarious Conditions Led the 1st Chamber of Private Law of the TJ MT to Maintain Condemnation for Material and Moral Damages, Besides Imposing Documentation Regularization. The Case Involves Delay in Delivery, Structural Defects, Charges Prior to Possession, and Water Cut, with Discussion About Judicial Recovery and Topics of the STJ.
On December 9, 2025, at 2:49 PM, the Court of Justice of Mato Grosso informed that the 1st Chamber of Private Law upheld the condemnation of a construction company that delivered an apartment in precarious conditions to a buyer in Cuiabá, determining compensation and regularization of the unit’s documentation.
The process reports that the resident received the keys to the apartment in March 2012, four months after the expected deadline, and entered the property finding leaks, cracks, finishing defects, electrical and sanitary problems, as well as general dirt, combined with charges for water and condominium fees prior to possession and a supply cut for 20 days.
What the Buyer Found When Receiving the Keys
According to the process, the apartment was delivered with leaks, cracks, and finishing defects, in addition to electrical and sanitary problems and general dirt in the unit.
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The delay was four months in relation to the contractual deadline, with the keys being delivered in March 2012.
In addition to the structural defects, there were water bills and condominium invoices prior to possession, some with cut-off notices.
The water supply was interrupted, leaving the family without supply for 20 days, as reported in the records.
Repairs Not Carried Out and Costs Borne by the Resident
The responsible company, according to the procedural report, did not carry out the necessary repairs in the apartment after delivery.
In light of this, the buyer allegedly bore the costs to correct the problems and subsequently filed a lawsuit seeking reimbursement, compensation for moral damages, and measures for documentation regularization.
The lawsuit also requested that the property be regularized and delivered free of encumbrances, given the existence of charges associated with the period prior to the delivery of the keys.
Sentence, Fixed Values, and Obligation to Regularize Documentation
In the first instance, the sentence acknowledged contractual noncompliance and fixed the payment of R$ 10,759.31 for material damages and R$ 15 thousand for moral damages, in addition to the obligation to deliver the apartment free of encumbrances and promote regularization of the unit’s documentation.
The ruling mentioned in the decision indicates that there was a delay in delivery and structural defects, supporting the maintenance of the convictions and the obligations imposed on the construction company.
Arguments of the Construction Company and the Discussion About Judicial Recovery
In the appeal, the construction company claimed that the credit, treated as a debt, should be submitted to the judicial recovery plan of the economic group responsible for the venture.
It also contested responsibility for debts prior to the delivery of the keys, questioned the amounts of compensation, and argued that the delay would be covered by a tolerance clause.
The panel rejected the arguments and applied Theme 1051 of the STJ, noting that the nature of the credit is determined by the triggering event.
Since the problems and charges occurred in 2012, before the recovery request filed in 2017, the credit is collective, and may enter the list of debts in the recovery process, without excluding the judicial acknowledgment of the obligation.
Water and Condominium Debts Until the Delivery of the Keys
The decision also reaffirmed the understanding of Theme 886 of the STJ, according to which it is the responsibility of the construction company to bear the water and condominium fee debts until the effective delivery of the keys, as they are obligations linked to the property, and not to the buyer.
In practice, this understanding was used to sustain that charges associated with the period prior to the delivery of the apartment should not be transferred to the buyer.
Identification of the Process and Registration of the Case
The case is proceeding under the number 0036801-86.2012.8.11.0041 and was disclosed with information attributed to the press office of the TJ MT.
The controversy involves the delivery of the apartment with defects, charges prior to possession, water interruption, and the definition of contractual responsibilities.
Do you think that the compensation of R$ 15 thousand for moral damages in the case of an apartment delivered with leaks and a water cut for 20 days is enough to discourage further occurrences?
E se no meu contrato não tiver data de entrega do imóvel. ???