Tenancy Law Law No.

8,245/91

Residential Rental

The Tenancy Law is a complex norm, full of details, and requires careful study.
For the perfect alignment of the provisions to a concrete fact, it is necessary to read and reread all the
titles that are linked to the characteristics of the situation; otherwise the reader's interpretation may not be
totally correct.
One cannot imagine that the simple act of reading, for once, the commented text will bring to the reader
a solid knowledge.
It is essential to have an awareness that, normally, words are not written without
utility in the context of this study.
Therefore, the interpretation must consider and analyze all the words within the sentence.
Any otherwise, any highlight and any reference that the author makes to a situation, mentioning
any adjective to justify your comment should be enough to lead the reader to reevaluate the
text, confront it with the other titles of this study, so that the factual situation to be framed becomes
clear and defined, without doubts, and perfectly identified with the facts.
It is also necessary for the reader to become accustomed to some words from the legal vocabulary, given that
these are included in the Law and the comments.

Otherwise, no matter how much one wishes, it will not be possible to interpret the meaning and scope of the law.

It would be simpler if we could use in this study, for example, the expressions "Owner" and
"Tenant", it is still good to remember that it is not only the "owner" who can rent out their properties,
but also the possessor, the usufructuary, and even the tenant, who can appear in the rental relationship as
landlords.
It will therefore be necessary to properly understand the most commonly used legal expressions, even
because, in some situations, the reader may need to refer to the text of the law, which, as obvious, uses the
legal vocabulary.
Thus, it is always good to remember that the LANDLORD is the character who appears in the condition of landlord, and

TENANT is the character that appears in the role of a tenant.

This study is based on Law 8.245, of October 1991, effective from December 19.
of 1991, called the Tenancy Law, in the interpretation of the best national scholars and the
jurisprudence of state courts and the Superior Court of Justice.
To address the topic 'Tenancy Law,' it is necessary, first of all, to understand what is
understood in the legal text.
 Urban Properties
In this case, it is important to highlight that the rental being discussed only refers to real estate.
rural (art. 1), considering that the rental of rural properties is still governed by the Land Statute and the Code
Civil, and movable goods, only by the Civil Code and the Consumer Defense Code, as applicable.
Urban properties are understood to be those that, even when located in rural areas, have a purpose
or urban utility.
Therefore, since the property is intended for urban utility or activity, its lease will be governed by the Law

in tenancy, little matter whether it is residential, non-residential, for employee use, or even for
season, etc.

Property of the Union, States, and Municipalities

The Law imposes some restrictions, excluding from this special protection the leases of properties owned by the

Union, States or Municipalities, as well as their autarchies and public foundations, and also the vacancies
autonomous garages or units in apart-hotels, residence hotels or, still, when it is the case of
Leasing.
Thus, if a property belongs to the Union, even if it is rented for residence, it shall not be
applied to the Tenancy Law and yes the Civil Code.
It is worth noting, at the right time, that this is less beneficial to the tenant than the Tenancy Law.

Contractual Term of the Lease

The leases can be adjusted for any term, but the law, wishing to protect the hypothesis of
fraudulent rentals, in which the spouse rents their property to third parties, with any privilege and for
long time, to the detriment of the other spouse, wisely established that the Landlord who intends to rent
a property for more than 10 years will depend on the spouse's authorization, otherwise it will not be subject to

observe the agreed deadline (art. 3rd).

This means that, in the case of leases for a period longer than ten years, the spouse may
Lessor, who did not participate in the lease, terminates it and seeks to reclaim the property.

Contracts
Contracts can be written or simply verbal.
In written contracts, the term, conditions, penalties, and liability can be established.
by the Tenant for fire insurance, taxes, etc.
Even in verbal contracts, Non-Residential Lease may be terminated, but it will depend on
premonitory notification, and in none of the verbally contracted leases may charges be made
fire insurance, fines, etc., in addition to which the payment of rents may be made up to the sixth day
useful following the due date of the installment.

Residential Rental
Residential leasing (art.46), the subject of this study, is subdivided into several categories:
the rental executed during the validity of the Law;

the old lease, prior to the validity of the Law, which enjoys the right of empty notice, with a deadline

extended for eviction;

the rental of properties with occupancy permits granted after the law,

- and the residential properties contracted after five years of the Law's validity, which would enjoy broad

freedom to set the rental price, the frequency and indexer of adjustments.
It should be noted that, with the advent of the new Tenancy Law, three categories become apparent.
different types of residential leases, each with its own rights, obligations, and procedures: the first,
lease agreed upon in writing, to be in effect for a period equal to or greater than 30 months, which enjoys the benefit

empty accusation, therefore advantageous for the owner; the second, which, agreed for a shorter period, does not give
the right to "empty notice" (art.47) even after the contract has expired, and it can only be terminated in
situations in which there are reasons or deadlines provided by law, and the third, which is the lease that may arise

automatically extended "for an indefinite period" at the end of the thirty-month contract, in which the
The landlord did not provide for the recovery of the property within thirty days, and may benefit from the "denunciation".

empty", or even the old leases that automatically became effective for an indefinite period due to
force of the new Law (art. 77).

Finally, it is important to emphasize that all residential leases, with written contract or
verbal agreements that have been in effect continuously for more than 5 years after Law 8.245/91 and are found
in force for an indefinite period, may be terminated based on an empty complaint (art. 47.V)
by notification with a 30 (thirty) day eviction notice.

Non-Residential Lease

The Non-Residential Lease (art. 51) is one that is intended for the purpose of setting up a business.
industry, offices, warehouses, or any other activity that is not residential.
At the end of the contract period, the Lessor has the right to reclaim by a empty notice (art. 57). However,

this same Non-Residential location, for some activities, and subject to meeting some
requirements, may become complex, acquiring rights previously provided only for the
anti-commercial leases, no longer existing in the Law.
In this type of lease, the law regulated the Tenant's right to obtain from the Landlord the
Renewal (art.71) of the lease contract through the judicial route.

But let's study this cool college under the right title, because the requirements are many, the way of
requesting is special, the statute of limitations for this right is explicit, and the conditions under which Justice grants it

These renewals deserve closer examination.

It is also considered as non-residential rental that is contracted by a person.
legal (art. 55), for the residence of its partners, managers, directors or employees.

Non-Residential Lease for Residential Purpose

Non-residential leases may be contracted by individual or corporate tenants, without
distinction.
However, when a residential lease is contracted by a legal entity, with the purpose of
residence of its holders, directors, partners, managers, executives or employees will be treated as leasing
non-residential (art. 55).
In this case, regardless of the contract being agreed upon for thirty months, upon completion of the lease, the

The lessor may exercise the right of repossession based on an empty notice.

Leasing in Shopping Centers

The law that allows for the judicial renewal of non-residential leases excluded the landlord's ability.
to request the property for personal use or that of a spouse, ascendants or descendants, when the rented space

is located in Shopping Centers (art. 52, 2nd).

In this type of rental, although the law establishes that the conditions freely agreed upon shall prevail

contracted (art. 54), the lease was maintained within the special tenancy legislation, making it clear that the
the norm will not interfere with the contracted form, as it recognizes the peculiarity of the Shopping system

Centers; however, procedural rules and legal principles must be observed.

Special Locations
In addition to the mentioned locations, there are others, very special, that are treated in a way

different and privileged.

They are the rentals of properties for use by hospitals, official health units, and asylums.
health and education establishments authorized and supervised by the government (art.53).
These leases can only be terminated by mutual agreement; for breach of contract; for lack
of payment; for carrying out substantial and urgent renovations determined by the public authority, or,
still, for the demolition and construction of another building that results in at least fifty percent of
increase in the built area.
The Supreme Federal Court has already decided that the expression of the Law, regarding the establishment of

health should be understood as an establishment where patients are hospitalized and not those
intended only for outpatient treatment or consultation.
The same should be understood in relation to educational institutions.
Establishments that are dedicated to free courses will not be protected by this article.
managed by the private initiative.
But the schools and regular courses, necessarily authorized and monitored by the public authority,
they will enjoy the privileges granted by these locations, considered special.
Even when eviction is decreed, these establishments enjoy special deadlines to
eviction (art. 63, 2nd, 3rd), which can vary from six months to a year, even if the eviction has been
decreed for lack of payment of rents.

Renewal of Non-Residential Lease

The law requires that the property be intended for the exercise of the right to renew the lease.
trade, provided that the contract has been concluded in writing and for a fixed term; that the term of
rental, or the sum of the continuous terms of the written contracts, either of five years and that the Tenant is
exploring your trade, in the same line of business, for a minimum and uninterrupted period of three years (art.51).

The requirements are many and difficult to meet. However, it is a possibility with which the
The tenant will have to count to obtain the compulsory renewal of their lease contract.
It should be noted that this right, if the established conditions are met, may become perpetual, already
that, once renewed, the subsequent renewals will be simpler, as long as there is no change in
tenant activity.
It is that the Law also establishes that the right guaranteed to the Tenant may be exercised by
assignees or successors of the lease.
It is worth stating: the Tenant will also enjoy the right to sell their business assets,
even without the Landlord's authorization, the buyer will also enjoy the same right to renew the lease.
This legal provision originates from Decree 24.150/34 which, at the time, regulated rental.
commercial, also called the 'glove law'. Its purpose was to protect the investment in advertising,
quality of the articles and the effort dedicated to winning customers and keeping the business active.
Therefore, the Law requires a period of three uninterrupted years in the same field of commercial activity.
that, if such time does not exist, it will be presumed that there has not yet been the formation of clientele and, thus, not

the right to renewal would be justified.

 On the other hand, it must be remembered that it is not enough for the transfer of the property for the transferee to have

Right to renewal, it is imperative that there is continuity in the exploitation of the business's goodwill.

Although the law has emphasized that these are rights of tenants of properties intended for commerce,
follows extends the same rights, with the same requirements, to all corporate tenants that
they operate in industrial activity, or even civil societies, for profit, regularly established.
In commercial activity, it does not matter whether the Tenant is a natural or legal person.

However, to ensure that this right also applies to other activities, the law requires that the lease
has been celebrated with Tenant legal entity.
Thus, it will not be possible for a lawyer to exercise the right to compulsory renewal.
engineer, doctor or dentist, as an individual, even if the other requirements are met, since the
The renewal faculty was only extended to industrial companies or civil societies for profit.

Renewal - Deadline to Propose

The Tenant must not forget the deadline available to file the Renewal Action, because,
if you lose it, you will inevitably be subject to the 'empty notice' at the end of the contract (art. 51, §5).

The action must be filed within a maximum period of one year and a minimum of six months.
prior to the expiration of the contract that is intended to be renewed.

Once the deadline has passed, the right to renewal will be considered expired, and the lease will fall into disuse.

common to non-residential leases. In this case, then, it depends on the goodwill of the Landlord to renew.
there, or not.

Renewal Action - Procedural Requirements

In addition to the normal requirements of judicial processes, the Tenant, when wishing to file for
Mandatory lease renewal must pay attention to the fact that it must prove, since the
proposal for the action, the fulfillment of the contract in full (art.71).
You must prove that you fulfilled your obligations on time, complied with the requirements of the convention of

condominium, paid its insurance installment as provided for in the contract, duly settled the
municipal taxes related to the property, etc.; must also clearly demonstrate the conditions offered
for the renewal of the lease, indicating the guarantors with all their qualifications, identity, CPF, income
monthly, properties they own and the banks or companies with which they maintain business operations.
The Tenant will only be exempt from the information and proof related to guarantors if, in
renewing contract, no guarantors.
The Tenant must also provide proof of the current financial integrity of the guarantors and, additionally, present

formal and unequivocal declaration from them that they accept the responsibilities of the guarantee, along with their
respective spouses, if married, and also when the Tenant is an assignee or successor of the Tenant
primitive, to prove this condition.
When applicable, and as permitted by current legislation, Landlord and Tenant, within the action
They may request a change in the frequency of rental adjustments, justifying the request.

Renewal - Refusal of Compulsory Renewal

Notwithstanding the provisions that grant the Tenant the right to obtain compulsory renewal.
location, there are also some situations in which the Lessor will not be obliged to accept the renewal

mandatory rental (art. 52).

The refusal of the renewal of the lease is lawful in the event that the public authority is demanding from the landlord the

realization of works that result in radical transformation of the property, or to make modifications of such
nature that increases the value of the business or property.
It is also lawful to refuse when the landlord wishes to use the property for their own use, or even to
business transfer, existing for more than a year, of which the landlord, or their spouse, or
your ascendant or descendant, hold the majority.
It is true that the Lessor claiming that they are not obliged to accept the compulsory renewal, under the
the argument of intending to retake the property for personal use, cannot allocate it to the same line of business

activity of the Lessee (52,1º), unless the lease also involved installations and belongings of that one
branch of activity.

Renovation - Defense of the Owner

The Lessor may oppose the judicial renewal alleging that the Lessee has not met the requirements.
legal (art.72), whatever they may be; that the Tenant did not present a proposal consistent with the value
real location of the property (in this case, not considering the appreciation brought by it to the point or place); that

has a third party proposal for rental, under better conditions, or is not obligated to renew the
rental for the changes it will make to the property, or even that it intends for its own use or for relatives,
as allowed by law.
Naturally, all these arguments that the Lessor may present must be
based on original documents or authenticated copies.
The judge, when granting the renewal and deciding the amount of the monthly fee, will determine the payment.

immediate, and all at once, of the differences determined regarding the overdue rents. If the Tenant does not
to pay, the Lessor may execute them in the very process.

Renovation - Evacuation Deadline

Understanding that the lease should not be renewed, the judge will set a period of thirty days after the end in the sentence.

of the process (art.74), for the Tenant to vacate the property, provided that this request is included in the document of

defense presented by the Landlord.

Renovation - Eviction Deadline

When the renewal is not completed because a third party offered a higher amount for the
rental (art. 75), or when the landlord refused the renewal to alter the property or to use it and, within the period
for three months, has not carried out the necessary works or has not used the property for the claimed purpose, the

The tenant will be entitled to compensation equivalent to the amount of the damages they prove, as well as to
profits that were not earned due to the change, the loss of location and devaluation of the business goodwill (art.52,
The determination of the amounts shall be conducted by expert assessment if the parties do not reach an agreement.

friendly.
When the sentence does not grant the renewal due to a more advantageous proposal from a third party for
The landlord, the judge, will immediately set the compensation that will be due by the landlord and by the proponent of the best.

proposal, for which they will respond jointly (art.75).

COMMON RULES - RESIDENTIAL AND NON-RESIDENTIAL LEASE

Non-Residential Lease for Residential Purpose

Non-residential leases may be contracted by individual or legal entity tenants, without
distinction.
However, when a residential lease is contracted by a legal entity, with the purpose of
the residence of its owners, directors, partners, managers, executives or employees will be equated to leasing
non-residential (art. 55).
In this case, regardless of the contract being agreed for thirty months, upon the end of the lease, the

The landlord may exercise the right of repossession based on an empty notice.

Lease Linked to Employment

The lease for an employed Tenant is one in which the figure of the Lessor merges with the figure
from the employer and is intended for residential use by the employee and their family, due to the employment (Art.47, II).
 This type of lease requires a contract that includes a clause stating that the lease will only be valid
while the Tenant works for the Landlord.
It also requires that there is a value effectively paid or deducted as rent. The discount may
It can be carried out in the payroll or it can be charged normally as in any other situation.
In employment-related rental, what really matters is that the lease has a relationship with the
employment, and, even if the rental conditions are formally established.
If the employer provides housing for the employee without charging any compensation (rent),
one cannot consider the use of the right of retaking provided for in the Tenancy Law, since it will not be
characterized as a loan for use, and the recovery will not proceed through the Eviction Lawsuit,
but through the Possession Reintegration Action.

Seasonal Rental
It is considered a short-term rental that is intended for the temporary residence of the Tenant for the
leisure activities, taking courses, health treatment, renovations in your property and others
situations in which the lease is based solely on a certain time (art. 48).
The contract, in this case, cannot be greater than ninety days.
In the case of a seasonal property, the Lessor may receive payment in advance (art.49) the
total value of rents and charges, as well as, and exclusively in this case, still require one of the
legal forms of guarantee, to meet the other obligations of the contract.
This type of rental almost always also involves the furniture that furnishes the property.
Thus, in order for the contract not to pose a risk for the Lessor or the Lessee, it is important
that, attached to the contract, there is an inspection report describing the property, furniture, and utensils,
recording, in detail, the state in which they are.
The return of a rented property for the season is simple and quick.
If the Tenant does not vacate the property at the end of the contract, the Landlord may, within thirty days,
maximum, propose the eviction action, regardless of prior notification, and also request the judge
that determines the immediate eviction of the property (art. 59).

This means that the judge may immediately order the eviction of the property, without even hearing
the Tenant.
But, for that, the Lessor must deposit an amount equivalent to three months of rent, which will stay
at the judge's disposal to ensure a minimum compensation to the Tenant, in case it is not correct
petition or the right of the Landlord. After the deadline for appeal, or the demand ends without change of
Upon the issuance of the sentence, the Lessor may withdraw the deposit along with the respective earnings.

Also in seasonal rental, if the Tenant stays in the property for more than thirty days
after the contracted term has expired, the lease will be considered extended for an indefinite period (art.50).
 The immediate consequence is that the Landlord will no longer be able to receive rent from the Tenant and

advance charges, and, worse, the resumption can only occur after thirty months of the lease or,
So, in personal use situations, for descendants, ascendants, spouse or partner, who do not
own a residential property or, also, for demolition and construction of works, if the conditions are met
requirements listed by the Law.

Old Locations
Old leases, contracted before December 20, 1991 (before the law came into effect
(inquilinary), can also be terminated based on a vacant notice (art. 78); however, the Landlord
must notify the Tenant twelve months in advance.
Only after this period has elapsed, counted from the receipt of the notification, if the Tenant does not
Vacating the property is what will allow the Landlord to file the appropriate eviction action.

The notification must be made in writing and with clear evidence that the Tenant has been notified.
Therefore, a simple letter is not valid, nor even a registered one, or even with A.R. (acknowledgment of receipt),

since these letters may be received by the spouse, child, or servant of the Tenant.
And when there is no signature of the Tenant confessing to the receipt of the notification, or if,
promoted through judicial means, does not contain the certificate from the court officer informing the delivery of the notification,

technically there will have been no notification from a legal standpoint.

It is desirable that the notification be made through judicial means, complying with all the requirements and

formalities, so that the notification document cannot be questioned a year later, when it arises
filing of the eviction action.

Property Rentals with occupancy permit granted after Law 8.245/91

Residential properties that have obtained occupancy permits after December 20, 1991, and also the
properties that are rented after five years of the law's validity, in accordance with the Law of
Tenants would have the freedom to contract leases, freely establishing the periodicity and the
indexer of adjustments (art.85).
However, this provision of the Law was partially repealed by the law that established the Real Plan.
when it established indices and the frequency of adjustments.
Therefore, these types of rental ended up without effective privileges.

Rental for a Period Exceeding 5 Years

In order not to harm the Landlord, so as not to discourage him from investing in
rental properties, the legislator also included an additional provision in the Tenancy Law for "repossession".

unmotivated.
 It is another ground for resumption when the lease is in effect continuously for a period exceeding
five years (art.47,V).
It is understandable that the 5-year term shall prevail for contracts entered into after the effective date.
from the Law (12/20/91), considering that, regarding the contracts signed before the entry into force of the Law of

Tenancy law includes legal provisions that impose differentiated treatment.

Thus, contracts signed for periods shorter than 30 (thirty) months, after 5 years of leasing
uninterrupted, they may also use the option of 'unmotivated resumption' (empty notice).
The law does not expressly require prior notification for this case, but it will be the correct measure of

Lessor, when it comes to this type of resumption, notify the Tenant in advance,
offering you a notice period of at least thirty days.
The fact is that, being this resumption a legal faculty, it will only be exercised at the moment when the

The Lessor finds it convenient, therefore the Lessee must be duly notified in advance.

Termination of the Lease

The lease may be cancelled in several cases: by agreement between the parties, by legal violation or
contractual, due to the non-payment of rents and other charges, and also for the execution of
urgent repairs, determined by the public authority, that cannot be executed with the permanence
of the Tenant within the property, or even, being possible its execution independently of normal use.
of the property, when the Tenant refuses to consent to them (art.9).
By agreement, it is understood that there is a termination that declares the lease to be broken, signed

by the same parties that signed the lease agreement.

Another reason for termination is contractual or legal infringement.

The infraction occurs when the Landlord or Tenant can prove the non-compliance of
contractual clause or legal provision.
Sublet the property, change its purpose, or carry out unnecessary works without authorization from
Landlord, these are contractual violations that may lead to the termination of the lease contract and, for
consequence, upon filing the "eviction action".
The lack of payment is characterized by the delay in fulfilling financial obligations, such as
monthly fee, insurance, taxes, ordinary condominium contribution and other legal obligations
established in the contract.
The termination of the lease due to non-payment only generates the right to repossession after it is done judicially.

the Lessee is granted the opportunity to pay their debt, along with court costs, contractual fines, and interest.
the lawyer's fees.
To request the property citing the need for urgent repairs, the Landlord must have documentation.
official demanding the execution of the desired works.
 In this case, it is necessary to prove that the Tenant, after being duly notified, did not deliver.
the property does not allow for repairs to be carried out in its presence.
The requirement may be expressed by the Civil Defense, Fire Department, or similar public body.

Empty Complaint
An empty complaint is the ability to terminate the lease without the obligation to demonstrate the reason or

need for the recovery of the property (art.46).

Non-Residential leases can be the subject of eviction action immediately after the expiration of
contract, without any legal or technical basis for the resumption.
In this case, the Landlord may file an eviction action right after the expiration of the contract, claiming

only that the rental no longer suits you, that is, the Lessor may legally make use of the legal institute
called "empty complaint".
The legislator also understood to establish that, upon the end of the contract that allows for the 'empty notice', in the

hypothesis of the Tenant remaining in the property for more than thirty days, without manifest opposition from the Landlord, the

the lease would be extended for an indefinite period, with the other clauses of the contract remaining in effect.
But the extension of the lease for an indefinite term, although it allows the Landlord to request the

the repossession of the property at any time generates other rights and legal consequences beneficial to the Tenant,

among them the need for the Lessor to promote the Forewarning Notification, before exercising the right of
resumed by the 'empty complaint'.

Premonitory Notification
Once the residential lease contracts (with a term longer than thirty months) have expired, and elapsed
a period exceeding thirty days, if the landlord, for any reason, failed to file the 'eviction action'
respectively, these leases will be valid for an indefinite period (art. 46,2nd).
In this case, the 'eviction action' can only be filed after a Notification has been fulfilled.
Preemptively, that is, the Landlord may only exercise his right of repossession through 'empty notice' after
inform the Tenant, in writing, of your interest in resuming the property; in addition, you must grant them a
thirty-day eviction deadline.
The communication is called Notification and, as it also functions as a warning, it receives the

Premonitory
Only after the deadline has passed, which is counted from the receipt of the Notification, and if the Tenant

If the property has not been vacated, then the Eviction Action can be filed by the Lessor.

Eviction Actions
 The judicial measure to reclaim rented property, regardless of the grounds that may have given rise to it.

From the beginning to the end of the lease, it will always be the eviction (art. 5), except for the exception for the immission of

granted in expropriation (art. 5, sole paragraph) or in the case of Lease for an employee, whose copy should
to be the Action for Repossession.
There are various types of Eviction Actions (art.59). They can be for non-payment, for
breach of contractual clause, for unjustified termination (empty notice) or justified (reason
provided by law.

Eviction Action for Non-Payment

The Eviction Action for lack of payment has been the least used in recent times (art. 62).
It is that property managers are so demanding regarding the registration of tenants and of
Guarantors that only in some isolated cases experience delays in the payment of installments.
Many outdated tenants think that the Eviction Action can only be filed after
thirty, sixty or ninety days from the due date of the rents, which is not true.
Some tenants are even surprised by administrators who, with less than fifteen
Days overdue for the rent payment, they are already filing eviction actions for non-payment, immediately.
including in the account of the defaulting Tenant the late fee, interest, monetary correction, when due, and
the attorney's fees.
Eviction action for non-payment can be filed the day after the deadline set.
for payment. From this date the Tenant will already be in default and will be responsible for all burdens
contractual arising from default.
The fact is that, even when cited in the Eviction Action, the Tenant can still maintain the lease.
For this, it is only necessary to 'remedy the delay' (art.62,II,III), that is, within fifteen days from the citation,

you may deposit the full amount of the debt, including all overdue rents up to the date of the deposit, plus
costs, fines, interest, and attorney's fees.
Removing all the rentals in court, the lease will continue as if nothing had happened, and the
Upcoming rents should continue to be paid at the same location where they were previously paid.
It may happen that the rent indicated by the Landlord in the eviction action is paid, or it is not.
with the correct amount, or should be compensated by the amounts of the extraordinary condominium contributions,
the responsibility of the Lessor, paid by the Lessee.
In this case, there will be no possibility of simply "curing the delay" (making the respective deposit).
Therefore, the Tenant must hire a lawyer to defend them in the process, within it.
fifteen days deadline.
The defense presented by the lawyer at this procedural moment is called Contestation.
 The piece of Defense is the complex of legal arguments that the Tenant, through their lawyer,
must present to the judge, justifying the reason for non-payment or providing the information and
proof of payment made.
The judge, after hearing the arguments of each party, evaluating the evidence presented, will issue a ruling.
defining whether to grant the eviction or not.

Everything is very simple, but the Tenant cannot imagine that it will always be possible to give the Landlord the

work to file the actions and, subsequently, go to court, rectify the delay (make the respective payments) and
extinguish the process, after all, the Law also provides for the situation in which the Tenant, out of mere whim, delays the

payments, and the Landlord to receive their credit, sometimes even delayed, always has to take legal action
clearing.
So the legislator provided that the Tenant may only Amend the Default (make the payment in
Justice) if within the last twenty-four months it has not utilized this faculty (art. 62 - sole paragraph).

Thus, if the tenant has already exercised the option to cure the default in the last twenty-four months,
will no longer be able to enjoy this benefit and, if you also do not contest the action, the judge will decree the eviction, still

that within fifteen days of the citation, the Tenant has deposited all of his debt.

Eviction Action for Breach of Contract

This is a more complex action, more time-consuming, and often much more costly (art. 9, II).
To initiate an action for breach of contract, it is necessary for the Landlord to have a
strong and fair argument.
Sometimes contractual noncompliance doesn't mean much and does not give rise to eviction action, after all,

It is very common for landlords to impose numerous unfair conditions for the tenant to comply with.
The judge, to decree the eviction based on breach of contract, will examine several
aspects, among which whether the condition imposed in the contract was fair and legal, whether there was really
non-compliance, whether the non-compliance is curable and, finally, if it is curable or has already been remedied, whether still

thus, it leads to eviction.

But by this point in the events, a lot of time will have passed, the process will have consumed
many diligences, the lawyers may have already worked hard and, in some cases, it may have been necessary
to monitor the breach of the contract, especially if it refers to works, and the expenses of
part by part will be elevated.
Meanwhile, this alternative of eviction for breach of contract cannot be disregarded. There is
many situations where the Landlord and Tenant exceed in the exercise of their rights, justifying the termination
of the lease agreement.
This is the case, for example, of a landlord who rents a property with a phone included and removes the phone; or

who contractually commits to making adaptations to the property and fails to execute them (art. 22).
 It may also be the case of the Tenant who subleases the property, makes alterations or conducts works without authorization.

the Lessor, or, alternatively, changes the purpose of the contracted lease (art. 23).

Eviction Action 'Empty Notice'

The unmotivated resumption (empty complaint) is also very simple.
In situations where the law allows, the landlord files the action, and the tenant has a period of fifteen days.

to answer it.
The objection is only valid when based on the non-existence or defect of notification.
premonitory; in the fact that the lease is not among those for which the Law allows termination.
empty; in the event that the filing occurred outside the legal time limit, or, finally, if there are defects in
procedural nature.
In the case of notices regarding residential leases that have been in effect for a period exceeding thirty months,

becoming leases for an indefinite term, there is still the option for the Tenant to accept the terms of the
action, but only proceed with the eviction within a period of up to six months, and still be free from the
payment of court fees and attorney's fees (art.61).
It is a right granted to the Tenant by the Law.

Eviction Action Motivated

The law covers several situations in which the Landlord may request the property from the Tenant (art.47).

It can be for personal use, for use by an ancestor or descendant, for use by a spouse or
partner, or even, in some situations, to carry out works or change essential characteristics of
property.
The fact is that these reasons must really exist and that, preferably, they can be
proven when filing the Eviction Action.
The courts have understood that there is a presumption of veracity in the request for repossession for personal use.

or family members who do not have a residential property of their own in the same municipality.
However, if, some time later, the Tenant proves that there was dishonesty in the repossession, the

penalties for the Landlord can be excessively severe, both financially and in terms of
criminal.

Compulsory Eviction
The compulsory eviction is one determined by the judge, carried out by a court officer, and with assistance
police and breaking and entering, if necessary, regardless of the will or the collaboration of the Tenant-
defendant (art. 65).
 Usually this violent eviction only occurs after the first instance decision and after
notified the Tenant to vacate the property within a period of fifteen or thirty days (art.63), depending on the type

of the process and the time taken for the process from the initiation of the action to the date of
sentence.
The furniture and utensils that furnish the building subject to compulsory eviction, if the Tenant does not

remove them immediately, they will be taken to the public depositary or private storage (art.65, 1st), there
being deposited.
For the Tenant to remove them later, judicial authorization and payment will be required.
storage expenses.

Compulsory Wish - Preliminary Injunction

In some cases, eviction may be decreed summarily (art. 59,1st), without hearing the
Tenant, with a period of fifteen days for voluntary eviction.
If the deadline is not met, eviction is mandatory and very quick, especially because the defense, or

The tenant's manifestation will only be produced after the eviction decree.
The cases in which the eviction decree is permitted, provisionally, are:
a) when the Tenant fails to comply with a written agreement made by the parties and with the signature of two

witnesses, in which a six-month period for the eviction of the property has been set, counted from the
date of signing the agreement;
b) when there is proven termination of the employment contract for the contracted leases
between employer and employee due to employment;
c) when the seasonal rental ends, provided that the period of thirty days has not elapsed
days between the expiration of the contract and the filing of the eviction;

d) when the Tenant passes away without leaving a legitimate successor in the lease, remaining in the property

unauthorized persons by law;

e) when the sublessee remains in the property after the lease with the Tenant has been terminated.

f) when the tenant needs to make urgent repairs required by the public authority, and the
tenant refuses to consent to them.
g) when the deadline for the tenant to present new guarantees for the lease ends, unsuccessfully and
as provided for in article 40 of the tenancy law.
h) when the deadline for the non-residential lease expires, if the action is proposed within 30 days, or
find the deadline for the notification of empty complaint.

In the absence of payment of rents or rental accessories, when the contract, for any reason
reason, being devoid of warranty, everything as provided for in article 59 of the tenancy law.
 Abandonment of the Property by the Tenant

The Law allows the Lessor to take possession of the property when the Lessee abandons it after
filed the eviction action (art.66).
However, we believe that it is necessary for the abandonment to be verified by a court officer, which the

will certify.
The judge, shortly after the certificate from the bailiff, will grant the possession order and will declare the extinction of the

process.
But if the Tenant has abandoned the property before the eviction action, there will be nothing left for
The landlord has another alternative besides proposing eviction, because the only action that can terminate the lease is
The eviction action, and the fact that the Tenant abandons the property does not presume the termination of the lease.

Under no circumstances should the Landlord enter the property without judicial authorization.

It is important to remember that the contract makes the property legally held in the direct possession of the

Tenant, and the fact that the Landlord occupies the property without formal termination or judicial authorization, will be reason

sufficient for the Tenant to hold him liable for damages, whether real or not, or even,
for breaking and entering.

Deadline for eviction after the Eviction Action

The law states that the Tenant, when cited in the 'eviction action', in those situations where the
the resumption of residential property has come into effect for an indefinite period, and also in those based
in the need of the property for personal use, of spouse, of partner, of ascendants, of descendants,
even for the demolition and construction of a more useful property, you could gain more time for delivery of the

property.
The Tenant, instead of contesting the action, may simply respond to the judge that he agrees.
with the vacating of the property within a period of six months from the citation.
But that's not all: by vacating the property within the deadline, the Tenant will be exempt from payment of

costs of the process and attorney's fees, which, by law, will be borne by the Lessor (art. 61).
Meanwhile, the Tenant cannot neglect the set deadline.
If the deadline has passed, and the Tenant, despite having expressed to the judge their intention to vacate it,

failing to fulfill the promise will be severely punished.

First, the judge will order the 'forced eviction' of the Tenant, and then they will be given
legal fees and court costs collected.

Important aspects in claims based on the Tenancy Law Deadline during the Holidays
The legislator also innovated by establishing that the actions concerning the leases provided for in the Law of

The tenancy runs during the court vacations (art.58,I).

 In most court cases, when the judicial vacations begin, in the months of July and
In January, the procedural deadlines are suspended.

However, in rental demands, under the Tenancy Law, deadlines run during vacations and can
to cause the parties to lose their claims simply because they do not meet the requirements of
judicial dispatches occurring during the holidays.

In the event of a judgment issued during the holidays, the losing litigant has a period of fifteen
days to appeal to the Court, seeking the reexamination of the matter in double degree of
jurisdiction (judgment by a hierarchically superior court); if the defeated party allows the deadline to pass without
To appeal the competent resource, the decision will become final (it can no longer be subject to appeal).
In matters subject to the Special Court, an appeal may be made to the court itself. The appeal will be
judged by a panel of 3 judges (art. 41 and paragraphs of Law 9.099/95).

Resources
The possible resources within a demand based on the Tenancy Law are many.
However, the most important thing, the Appeal Resource, which sends the process, already judged in the first instance.

instance, before an examination by a Court (or for the Special Court Panel), where the judges, in a system
the collegiate body can reform (modify) or ratify (maintain) the sentence issued by the single judge (judge who
judged the demand), does not suspend the execution of the sentence (art. 58,V).

This means that if someone is ordered to vacate the property, even if appealing for
Court, the eviction may be carried out. The law now does not confer suspensive effect to appeals, the
what may happen is that, if the Tenant, after being evicted, wins the lawsuit, they will have the right to a
compensation, at least equivalent to six rental payments.

Deposit for Eviction

When the judge issues a ruling condemning the Tenant to vacate the property, it establishes
also an amount for the Lessor, wanting to execute the eviction before the examination of the appeal, to deposit

as collateral for indemnity in the event that the Tenant reverses the decision of the first instance judge
instance (art. 64).
Thus, the appeal eventually filed by the Tenant against the judge's decision does not harm the
eviction, even with the appeal pending.
Once the established deposit has been made, the judge may authorize the compulsory eviction of the Tenant.
The security deposit is set at an amount between six and twelve months of rent.

If the Tenant is successful in the claim, winning the appeal, the amount of the deposit will be
released in your favor as a minimum compensation (art. 64, 2nd), nothing preventing, on the other hand, that it may

seek greater compensation in court, provided that the damages resulting from the unlawful eviction are proven.
 Fines
Proportional Fine
The Tenant Law grants the Tenant significantly more favorable conditions than to
Lessor (art. 4th).

The legislator established that the Landlord cannot reclaim the property before the contract's term. However,
The tenant may return it, paying the agreed penalty, still complying with the proportionality of
rest time.
Thus, if the fine is 120 reais for a 12-month contract, and a period has already elapsed
after 10 months, the return of the property will incur only a fine of 20 reais, because the fine will be reduced by
proportion to the remaining time of the contract.

Waiver of Fine
The Tenant will be exempt from the fine for relocation if it is due to a change of location.
of the work provision, by order of the employer (art. 4, sole paragraph), and if notifying the Landlord,
written, thirty days in advance.
It is necessary, however, to observe that the expressions used in the Law require that the Tenant has
an employment relationship. The privilege will not apply if the Tenant is self-employed, a micro-entrepreneur or a partner
minority shareholder of a company.

Delivery of the Property

When the lease is already in effect for an indefinite period, therefore with the contract expired and without

contract amendment regarding the term, the Tenant may return the property at any time, without
payment of fine, provided that notice is given thirty days in advance (art.6).
However, if the Tenant fails to notify the Landlord, the Landlord may demand from the Tenant an amount corresponding to

one month of rent and charges, applicable at the time of delivery of the property (sole paragraph of art. 6).

Special Cases
Buyer's Rights
When the property is sold to third parties during the lease, the buyer may terminate the contract.
with prior notice, with a ninety-day deadline for eviction (art. 8).
But, if the lease is in force for a fixed term, not expired, and it states in the contract that its
the validity will be maintained in the case of sale, and moreover, if the contract is registered at the registry office
real estate, the lease will prevail, and the buyer will not be able to reclaim the property before the contract expires,

just for having bought it.

Meanwhile, these contracts are very difficult.
In fact, the Tenant is always forced to accept a contract already prepared by the Landlord, or not.
there will be rental.

The law, however, operates under the assumption that the contracts are actually discussed by the Landlord.

the Tenant.

Deadline for the Buyer of Rented Property

It is necessary to observe the time for the exercise of the right of repurchase in cases of property purchase.
by third parties (article 8, paragraph 2).

If the buyer does not take the initiative to request the property in writing and with proof that the
The tenant received the request, within ninety days of the purchase and sale registration, the lease will remain valid.

as if it had not been sold, that is, the buyer will only retain the rights that the former owner had
Lessor, unable to reclaim it solely based on the fact of the purchase.

Death of the Lessor or of the Lessee

The death of the Lessor does not give rise to the termination of the contract (art.10). The heirs are obliged to

maintain the lease according to the contract or according to the law, not constituting this fact a sufficient reason for the

termination of the lease.

The same happens when the Tenant passes away. Their spouse will take over the lease.
survivor, or the partner, or, still, the necessary heirs and the other people who lived in the
dependence on the deceased (art. 11). In the "non-residential" lease, the estate, or if applicable, the successor of
the deceased in the business will take over the lease.

When there is a separation of fact, judicial separation, divorce, or even the separation of partners, the

the rental will be transferred to the one who stays in the property.

The subrogated party (the one who remains occupying the property) must inform the landlord and the guarantors,
if it is the case, of the events that occurred and that will take on the rental of the property.

In this hypothesis, the guarantor may be released from the lease by notifying the landlord.
The tenant must present new guarantees to the landlord (article 12 and paragraphs).

Transfer of Lease
The assignment of the lease cannot be made to third parties without the formal consent of the Lessor (art.13).

If it occurs, it will be characterized as a breach of contract, and the Lessor may file for eviction.
charge the penalty provided in the contract.
 IT SHOULD BE NOTED, HOWEVER, THAT IN THE LEASING OF REAL ESTATE FOR NON-PURPOSE
RESIDENTIAL, CONTRACTED FOR A TERM EQUAL TO OR GREATER THAN 5 YEARS, OR STILL, WHEN ADDING UP THE
CONTRACTUAL TERMS, WITHOUT INTERRUPTION, HAVE REACHED 5 YEARS OF LEASE AND ALSO HAVE
AFTER THE TRANSFER OF THE BUSINESS, THE ASSIGNMENT OF THE LEASE WILL BE ALLOWED.

NATURALLY, THERE ARE OTHER LEGAL REQUIREMENTS TO BE MET IN ORDER TO

TRANSFER THIS TYPE OF LEASE, BUT THE IMPORTANCE OF THIS OBSERVATION LIES IN THE FINDING OF
THERE IS A SUBSTANTIAL DIFFERENCE IN RIGHTS AND REFLECTIONS BETWEEN THE VARIOUS TYPES OF LEASE.

Rent
Rent Review
In all types of rental, after 3 years of the contract's term, if there is no agreement between the
Parts, the Lessor or the Lessee may request an update of the rental value through a Revision Action,
to adjust it to the market value (art. 68).
Usually, the Revision Action is handled by the Landlord, since it is normal for there to be a lag in the

values contracted due to inflation.

Still, from time to time, there is an opportunity for the Tenant to also have an interest in
Proposal for the action of rental review. Everything depends on the supply and demand for properties at the time.

The Review Action is the judicial solution for cases where an amicable settlement was not possible.
only recommended as a last resort.
The lawsuit is lengthy, very costly, and always causes harm to both parties.
The judge, when dispatching the initial piece of the action, promptly, if they are duly proven
current market values, related to the property in question, may set a certain value for the
rental, provisionally (art.68, II), to be paid by the Tenant while the lawsuit lasts.
The provisional amount eventually set by the judge, at the beginning of the lawsuit, is just a
estimate. After the expert report, the judge will establish the definitive rental value for the next one.
triennium.
In the action proposed by the landlord, the provisional rent shall not exceed 80% (eighty percent)
one hundred) of the request;

In the action proposed by the tenant, the provisional rent cannot be less than 80% (eighty percent)
cents) of the current rent;
During the process, whoever proposed the demand will have to advance the court fees and also the
expert fees, which are high.
When the demand is initiated by the Landlord, it should not be forgotten that the guarantors must be
notified of the progress of the review action.
 If there is a change in the rental amount, if the guarantor does not participate in the judicial review process,

if you do not sign a new contract, you may later claim that you will only be responsible for the rents
contracts increased by legal adjustments.
But the amount set by the judge will retroact to the date of the citation, and the difference that is determined,

regarding the amount actually paid and the final fixed amount, it should be paid in one single payment.
together with the respective charges, increased by the monetary update, at the end of the process (art.69).
In the Review Action, both parties, the Plaintiff and the Defendant, can ask the judge to change the
periodicity of rental adjustments and also, if applicable, to replace the indexer of the adjustments.
The judge's response to these requests will always be conditioned by the legality of
pretension (art. 69, 1st).

If the law establishes that the minimum period is one year, the judge cannot reduce it.
Similarly, it will not replace a valid indexer with indexing to the minimum wage, which is
prohibited by law (art. 17, sole paragraph).

Rental Convention
The Law grants freedom to the Lessor and the Lessee to agree on the rental agreement, including the forms of

update of rents. However, it is prohibited to set the rental value in foreign currency, and also
link your adjustment to the variation of the exchange rate or the minimum wage (art. 17).

This means that it's useless to make lease agreements in dollars, or to state that the monthly fee...
the rent will be adjusted monthly.
The provisions of the norm shall prevail over the contractual provisions, even if freely agreed.
established and accepted by the parties.
There is still emphasis on social interest in residential leases, given that the Law requires the
observation of the criteria set forth in specific legislation for adjustments.

Contractual Additives
The parties, by mutual agreement, may make changes to the original contract at any time.
It is sufficient that, through another contract, in this case called a contractual amendment, they establish what the

contract clauses that will be changed (art. 18).

This addendum must also be signed by the guarantors. Otherwise, they will not be subject to the
agreed changes, which will only be valid between the Lessor and the Lessee.

Early Receipt of Rental Amount

The law prohibits (art.20) the Landlord from receiving from the Tenant the amount of rent in advance.

(art.43,III).
 Just accept that, in the case of lease without guarantee, the Lessor receives the rent for the current month until
the sixth business day of the month (art.42).

However, in the case of seasonal rental, the law allows for its advance payment.
integrally (art. 49). (The limit will be three months, as this is the maximum period allowed in the lease.
for the season.)

Subletting Rent Value

There is no longer any possibility for the Lessee to abuse the eventual Subtenant regarding the price of the

subleasing.
The law establishes that the value of the Subtenant's rent cannot exceed that of the lease, and furthermore:
family collective housing, those where the property is rented to several families, the sum of the value of the
rents cannot exceed double the rental value (art.21).
If the Tenant violates this provision of the Law, the Subtenants have the right to reduce the amount of
rentals up to double the rental value.
If the Tenant refuses to accept the reduced amount, the Subtenants may make the deposit.
administrative (art. 890 and paragraphs of the Code of Civil Procedure) or judicial, of the correct amounts (art. 21,

p.unique).

Rights and Duties of the Landlord

Landlord's Duties
The law establishes that the Landlord is obliged to deliver the rented property to the Tenant in a state of
attend to the use for which the rental is intended.

Thus, you will not be able to deliver to the Tenant a property for residence that does not have the minimum requirements.

occupancy conditions, such as: without sanitary fixtures, with a serious leak in the roof, with
infiltrations or mold that pose a risk to the health of the occupants (art.22)

The Lessor must also ensure the peaceful use of the property; maintain the form and purpose of the property.

for the duration of the lease; take responsibility for the repairs of any defects or flaws existing prior to the lease;

provide the Tenant with a detailed description of the property's condition, noting the existing defects;
provide the Tenant with a detailed receipt of the amounts paid, (generic receipts are not allowed)
that include expenses without itemizing them); to pay the real estate management fees and even the
registration survey of the Tenant and guarantors.
It will also be the responsibility of the Lessor to pay the taxes, fees, and supplementary fire insurance.

regarding the property, unless these expenses are contractually the responsibility of the Tenant.

Extraordinary Expenses of the Condominium

 It is also the responsibility of the Landlord to pay the Extraordinary Expenses of the condominium (art. 22, X).

Extraordinary expenses of the Condominium, among others, are those intended for renovations or
additions that are relevant to the overall structure of the property. This means that when a garden is renovated,
modifying its form, changing its input or environment of being, such changes are incorporated into
building structure.
However, when the same garden is reformed only in terms of vegetation or aesthetics, there will be
a reform that is intended only to preserve the garden, since this type of reform is part of its essence
periodic. In this case, the expenses, referred to as ordinary expenses, will not be the responsibility of the Landlord, but rather of

Tenant.
The costs of painting will still be the responsibility of the Landlord, because they are extraordinary expenses.

facades, aeration wells, and external frames; the works aimed at restoring the conditions of
habitability of the building; labor and social security indemnities due to the dismissal of employees,
occurring on a date prior to the start of the lease; the installation of security equipment, fire equipment, of
telephony, intercommunication, sports and leisure; expenses with decoration and landscaping in the parts
common areas of the building and, finally, the values related to the establishment of the reserve fund.

Considering that the Tenant is the one who occupies the property, it is normal for them to pay the expenses that

will be included in the common condominium receipts, including extraordinary ones, to later present
the landlord and obtain your deduction from the monthly rent.

Reserve Fund
The reserve fund is a mandatory contribution that the condominium must establish to address
emergency expenses of the condominium and even to assist the ordinary cash when any of the residents
delays a payment (Art. 22, X, G).
Such responsibility lies with the Landlord and, likewise, when paid by the Tenant, they may
deduct from the amount to be paid for the rental fee.
It should be noted that the Law does not allow the Landlord to stipulate that this expense also be
supported by the Tenant, therefore, it will not be valid, even if any clause comes to be included in the contract

that imposes on the Tenant the payment of the reserve fund.

Rights and Duties of the Tenant

Duties of the Tenant
The law imposes a series of duties on the Tenant, and these must be fully observed, because
the breach of contractual or legal obligations may lead to an eviction action (art. 23).
The most important obligation for the Tenant is the payment of the rent installment, along with
with the other legal or contractual obligations of the lease, within the deadline set in the contract. But if
if the contract does not specify the payment date, the Tenant may make the payment until the sixth business day of
the month following the due month.

The Law also establishes that the Tenant must use the property for the agreed purpose or
presumptuous, compatible with the nature of this and with the purpose for which it is intended, should treat it as if it were

yours.
Therefore, it would not be correct to lease a residential property for the purpose of residence and then, merely...

opportunism or convenience, turning it into an office or commercial establishment.

IN THE CASE OF NON-RESIDENTIAL LEASE, IT WILL NOT BE CORRECT TO RENT A PROPERTY FOR PURPOSES OF

TRADE OR OFFICE AND, LATER, BY MERE OPPORTUNISM OR CONVENIENCE, TURN IT INTO

RESIDENCE.
It should be noted, however, that the courts have understood that it does not constitute a change of

destination the fact that the Tenant installs in one of the rooms of the property their representation office,
medical or dental office, or, still, a small sewing workshop, or any self-employed activity,
not harmful to the property or to the neighbors.
It is also the Tenant's responsibility, at the end of the lease, to return the property in the condition in which it was received, unless...

the deteriorations resulting from normal use.

It is always included in the contracts the responsibility to return the property freshly painted, however this

responsibility will only make sense when the Tenant has also received it repainted. It cannot the
Tenant fails to repair the damages caused to the property or its facilities. Obviously, such
responsibility also extends when the damages were caused by your family members, visitors, or
agents.
The Tenant is also prohibited from making any internal or external modifications to the leased property without prior approval.

written authorization from the Lessor.

Although it is complicated, and sometimes very uncomfortable, it is the legal obligation of the Tenant to allow
that the Landlord, or their representative, upon prior arrangement, conducts periodic inspections of the property, as well as

the Tenant may not evade allowing the property to be visited and examined by third parties, when this
is for sale (art. 23, IX).
The Law also establishes as an obligation of the Tenant the faithful compliance with the convention and regulations.

within the condominium.

The Tenant is responsible for the payment of telephone bills, water consumption, electricity,
light, gas, and sewage. One must not forget that the payment of the surety insurance premium, when it
The guarantee of the lease must be borne by the Tenant.
Meanwhile, the Tenant must immediately provide the Landlord with the billing documents of
taxes or condominium charges, notifications, fines, or demands from authorities that relate to
property, even if they were directed to the Tenant (art.23, VII).
 When, contractually, the Tenant is assigned the responsibility for taxes, expenses
ordinary condominium fees and supplementary insurance, the Landlord may charge such credits along with the
monthly rentals (art.25).

Ordinary Condominium Expenses

The Tenant is obliged to pay the ordinary expenses of the condominium.
Ordinary condominium expenses are those necessary for its administration and
conservation (art. 23, 1st), among which the following stand out:
The salaries and labor, social security, and social charges of the condominium employees; the
water and sewage consumption, gas, electricity, and power for common areas; cleaning, maintenance, conservation and

painting of the elevators, electronic doorman, collective antennas and other installations and common areas
common, as well as those for leisure and sports, or for the employees.

The minor repairs in the dependencies and common areas, as well as the electrical maintenance and

hydraulics, which will be distributed proportionally among the Lessees, as ordinary expense, and also the
debt balance allocation, when applicable, except for those relating to periods prior to the lease.
- Finally, the replenishment of the reserve fund, total or otherwise, should be included in ordinary expenses.

partially used for covering or supplementing expenses considered ordinary, unless related to
the period prior to the lease.

Tenant's Right to Examine the Condominium Accounts

As the Tenant is obligated to pay the ordinary expenses of the condominium, they have the right
provided in the Law to verify and require proof of the same (art.23, 2nd).
In the event that proof of expenses is denied, the Tenant may communicate
formally to the Lessor and register the correct amount, through judicial or administrative means, in favor of

condominium.
When the building has a single Landlord with several Tenants, there being no condominium, the
payment of the ordinary expenses of the building, by the Tenants, may be conditioned on the proof of the
expenses (art. 23, 3rd).

Precarious Collective Housing

When the rented property is used as housing for several families (art.24), and the construction is
considered precarious by the public authorities, the Tenants or Subtenants may deposit the amount of
leases in court so that it can only be withdrawn by the Landlord after the property is regularized,
proven by report or official information from the competent public authority.
 When there is a need to temporarily vacate the property for its regularization, the
Tenants and Subtenants will be exempt from paying rent during the period of
works(article 24, 2nd)

Urgent Repairs in the Rented Property

The Tenant shall not be able to refuse consent for urgent repairs that may be necessary to the
property.
However, if the works take longer than 10 days, the Tenant may obtain a deduction in the rent.
proportional to the days that exceed (art.26).
However, if the works take more than 30 days, the Tenant may terminate the contract if they wish.
without penalty for either party.

Tenant's Right of First Refusal

When the Lessor intends to sell, assign, or give the leased property in payment, the Lessee will have
preference in its acquisition, under equal conditions with third parties (art.27).
If the property is being subleased in its entirety, the preference will belong to the Sublessee and, in
followed by the Tenant (art.30).
Thus, before selling the property, the Landlord must give unequivocal notice to the Tenant, through the way of

judicial, notarial, or letter notification that the Tenant formally acknowledges having received,
informing the value of the business, the conditions and the form of payment, providing information that clarifies

if the property has any type of lien, as well as the day and place where you can examine it
documentation.
The tenant's right of first refusal shall expire 30 days after notification if they do not express it.
Lessor, clearly, your full acceptance of the terms of the proposal (art. 28).
If the Tenant accepts the proposal, the Landlord can only withdraw from the deal if they compensate the Tenant.

for the resulting damages, paying, including, the earnings or profits that it failed to receive
due to the business (art.29).
If the Lessor is selling the entire building and not just the rented unit (art.31), the
preference will apply to the building. But the preference will not reach cases of loss or sale of the property.
by judicial decision, exchange, donation, capital integration, division, merger, or incorporation (art.32).
The right of first refusal may be exercised directly by the Tenant if they claim it.
judicially within six months from the registration of the sale to third parties at the real estate registry,
by depositing the sale amount and the other transfer expenses (art.33).
 If the Lessor fails to comply with the legal preference, the Lessee may also claim from the Lessor the
losses and corresponding damages, but must prove both its economic-financial capacity of
acquire the property as well as the losses suffered (art.33, sole paragraph).

It is not uncommon for the Landlord to offer the property to the Tenant at a price and effectively sell it.

there, or pass the deed, for a lower price.

In this case, even having declined the purchase of the property for the offered price, being proven by the

If the deed states that the property was sold for a price lower than the offered amount, the Tenant may exercise their right.

preferably or compensation for the losses and damages suffered.

The legal requirement for the registration of the lease contract at the real estate registry within thirty days of

Foreclosure is the legal condition that gives the Tenant the right to demand, also from the Buyer, the benefits of
your legal preference.
It is that, when the Tenant exercises their right of first refusal and requests the 'compulsory adjudication'

(forced purchase) of the property, the Buyer cannot claim that they acted in good faith, since the
the lease agreement was registered.
When the Tenant legally demands the purchase of the property, under the conditions it was sold for.
third, the Buyer will certainly have loss and waste of time, as well as run the risk of losing money if
actually acquired the property for a price and, in order to save on the transfer tax, had
executed the deed for a value lower.
Finally, it is necessary to carefully observe if the property does not belong to more than one person.
in a condominium.
This verification is important because, in this hypothesis, the condominium owner's right of first refusal has

priority over that of the Tenant (art. 34).

Improvements Made to the Property

Improvements are works carried out on the property with the intention of preserving it, enhancing it or

beautify it.
There are several species of improvements and each produces a different legal effect.
Improvements can be Necessary, Useful, or Voluptuous (art. 35).
Necessary are those that are intended for the preservation of the property or that prevent it from

deteriorate. The repairs of a roof, infiltration or the replacement of electrical and hydraulic systems
Damaged will be necessary improvements, as they preserve the property and prevent its deterioration.
Improvements are works that increase or facilitate the use of the property. The construction of a
garage, the installation of protective grilles on windows, or the closing of a balcony are improvements
useful, because they make the property more comfortable, safe or enhance its utility.
 Luxurious improvements do not increase or facilitate the use of the property, but they can make it.
more beautiful or more pleasant. These are works of gardening, decoration, or merely aesthetic alterations.
The law treats these improvements in different ways. The necessary improvements introduced by
Tenant, even if not authorized by the Landlord, are compensable and give the Tenant the right to retain the
property until the receipt of the proven expenses, even when there is a request for resumption by the Landlord,

unless the contract states the Tenant's waiver regarding the same.
But, even though it is stated in the contract that improvements can only be carried out with authorization
prior and formal notification to the Landlord, in the case of necessary improvements, the Tenant must notify the Landlord to

carry them out; if this is not done, and the damage to the property may compromise its normal use,
the Tenant shall have the right to execute them, through three budgets, respective invoices and receipts, to
subsequently, file a judicial claim for the reimbursement of the amount spent for the payment of the monthly fees

of rents.
When it comes to useful improvements, they will only be compensable if there is prior authorization from the

Lessor so that the Lessee can execute them.

In this case, if authorized, they will also give the Tenant the right to retain the property until the

receipt of the amounts proven to have been spent.

However, luxurious improvements do not grant the Tenant the right to retain the property (art.36).

When executed, it should be taken into account that the investment cost will not be recovered. It is
that the Law understands that luxury improvements do not always bring an actual benefit to the Landlord,
which can have another concept of beauty and aesthetics.

However, these may be withdrawn, provided that no type of

damage to the property.

Rental Guarantees
The law establishes that the Lessor may require as a guarantee of the rental a security deposit, or a guarantee, or,

still, the rental guarantee insurance (art.37). This is because the Landlord has the right to obtain a type of security

for the fulfillment of the contract by the Tenant.

Meanwhile, the Lessor cannot require more than one of these guarantees.
In the event that more than one guarantee is included in the same lease contract, within the best
interpretation of the Law, the first that appears in the sequential order within the contract will prevail, the others

will be considered as non-existent.

Guarantee
A deposit is a cash deposit or the designation of a movable or immovable property owned by
Tenant, offered as collateral for any debts that may arise in relation to the lease (art.38).
 When the deposit is made in cash, the amount may not exceed the equivalent of 3 (three)
months of rent and, still, it must be deposited in a special linked savings account, which,
at the end of the lease, if there are no discrepancies regarding rental debts, it will belong to the Tenant.
The Tenant, upon termination of the lease and settlement of the agreed obligations, must obtain authorization from

Landlord to withdraw the deposited amounts, as well as the earnings for the period.
If, at the end of the lease, there is a debt to be paid by the Tenant to the Landlord, the...
parties, together, shall appear at the establishment where the deposit is held to withdraw the
existing values and to adjust their debits and credits.
However, in the case of a disagreement regarding the amount of the Tenant's debt, it is not possible to find a solution

friendly to the litigation, the Landlord must obtain in court the verification of their credit in order to, afterwards, through

judicial authorization, withdraw at the bank establishment the limit amount of your credit, leaving the rest to
tenant's disposition.
If the deposit amount is insufficient to settle the Tenant's debt, the
Landlord, through legal means, to charge the calculated difference.

Another type of collateral will be movable assets - a car, for example.

In this case, the contract that will describe the vehicle and its registration numbers with the authority

competent, as well as plate, color and relevant characteristics, must be registered at the Notary Public of
Titles and Documents of the District.

Finally, when it comes to real estate offered as collateral for the rental charges, the
the contract must describe it clearly, in addition to including the registration number in the registry
real estate, then carry it for registration to the respective record.
Only in this way will the effectiveness of the collateral be effectively guaranteed, as the annotation of the collateral in the

The Property Registry Office will demonstrate, including to third parties, that the property is not free of
burdens.
Finally, when it comes to real estate offered as collateral for the rental obligations, the
the contract must describe it clearly, in addition to including the registration number in the records
real estate, then submit it for registration along with the respective record.
Only then will the effectiveness of the collateral be effectively ensured, as the registration of the collateral in the

The Real Estate Registry Office will demonstrate, even to third parties, that the property is not free from
burdens.
The Lessor, therefore, will have preferential treatment in receiving their credit, even if the property is

mortgaged for another debt, or if it is also mortgaged to secure any other obligation. This
This means that the property will secure the debt and will be valid even against third parties.
On the other hand, it is necessary to verify whether the property offered as collateral has any other

burden, lien or mortgage, because, if such information is already in the property registry, the guarantee
will be prejudiced, since the previous guarantees will enjoy legal preference. In this case, the Landlord
you will only receive your credit if the property is auctioned off at the end and obtains a value that can cover all the

credits, in the order they were registered.

The guarantee may also be provided by bonds or stocks.
But, in the event that the issuing company of the bond or stock goes bankrupt or into liquidation
If decreed, the Tenant will have a period of thirty days to replace the deposit, under penalty of causing the termination.
of the contract.

Bail
The guarantee is the legal form through which a person takes responsibility, before the creditor, for
fulfillment of a certain obligation assumed by another.
As the bail is a manifestation of will, free of charge, that may incur burdens or even loss of
in the case of being married, the participation of the spouse in the contract is mandatory, under penalty of
nullity of the guarantee.

The bond can be partial or total, in relation to a lease agreement.

It will be partial when it is restricted to a set value limit, or, still, for a fixed period.
In lease agreements, the guarantee is total, takes precedence over all rental commitments, and is in effect.

until the effective receipt of the property keys by the Lessor.

Once the guarantee is provided, the guarantor becomes the primary responsible party for fulfilling the contract.

In this way, you must be informed of the judicial processes of which, eventually, due to the
lease, the Tenant is invited to participate, including in eviction actions for non-payment.
If the guarantor is not aware of the eviction action due to lack of payment or repossession, then
may be held responsible for the consequential procedural costs, but only for the amounts
agreed upon in the contract.

Meanwhile, it is important to emphasize that the guarantor will, necessarily, have to participate in the amendments of

contract that eventually establishes negotiated adjustments of the rents.

Otherwise, you will not be held responsible for the increase and will only be liable for the amount.

hired and the legal adjustments.

Certainly, failing to observe this detail does not relieve the guarantor from the guarantee, but it does not
They will affect the increases and their impacts when the respective contract addendum is not signed.
It is very common for Landlords and Tenants to agree on new rental amounts without a written contract.
This verbal contract will always be valid between the Landlord and Tenant, because the simple payment of

rental payments in a new value, without reservation or objection, leads to the conviction that there was indeed
a adjustment, if not verbal at least tacit.
 However, this type of contract will not bind the guarantor; a document is necessary for it to be valid.
written, with the signature of the guarantor and their spouse, if applicable. There is no verbal or tacit guarantee.

When the Tenant stops paying the rent and other rental commitments, they will be liable,
obviously, due to the respective Eviction Action, but this does not collect debt, it only seeks the termination of the lease,

although the law allows for the accumulation of eviction and collection actions.

However, the truth is that when the Lessor intends to collect the debt, they will not even need to file a lawsuit.

against the Tenant, as their target will be the one who will actually have to answer for the debt.
Thus, the Execution process may be proposed against the guarantor directly, and he will not have
many defense options. Once you have signed the contract as a guarantor, you will indeed have to pay the debt,
little caring whether the amount is high or small.
When it comes to Debt Collection Action, the guarantor, if they wish, will have some time to carry out the

payment, since the judicial process is slow.

However, when it comes to certain, liquid, and enforceable obligations that do not need to be
discussed in court, the process will be Execution, and this is more efficient and agile.
The non-payment within 3 days after the citation authorizes the creditor to identify the debtor's assets, which

will be pledged, then auctioned and awarded to the highest bidder.

In addition to paying off the debt with the proceeds from the auction of the assets, it is certain that the loss for the executed party will be

even bigger.
The auction of assets in court rarely reaches a value equivalent to fifty percent.
one hundred of the market price of the same asset.

Surety Bond
The rental guarantee insurance is paid by the Tenant (art.23, XI) and, by law, it must
to cover the totality of the contracted obligations (art. 41).
Due to the increase in rental costs for the Tenant and necessarily having to cover a risk.
Immeasurable, the guarantee insurance has not been fully adopted and accepted by landlords and tenants.
However, for this type of option to effectively work, it must provide benefits for everyone.
contractors, it is necessary for the Judiciary to have the ability to operate with more agility and efficiency in
solution to demands, as the slowness of Justice and the ease of filing merely
procrastinators create a range of insecurity that discourages the Landlord from accepting, preferably, the
guarantee insurance.

Exoneration of Guarantor

Many guarantors, after becoming aware of the commitment and the risk assumed, especially
when they stop trusting the guarantor, they start looking for ways to free themselves from the guarantee.
 This task is not that easy; however, in some cases, it is possible.
It is common for guarantors to file lawsuits against the guaranteed party and against the landlord, to...

exonerate from bail.

The main cases of exemption from the guarantee occur, and can succeed in court, when
It is stated in the contract that the Lessor must inform the guarantor of the payment dates and charges.
rental, and this does not fulfill the agreed upon; when there is a substantial change in the rental contract without the

knowledge of the guarantor; when, without the guarantor's consent, the Lessor grants a moratorium to the Tenant,
that is, to accept installment payments and extensions in the payment term of obligations; when the Landlord receives from

The tenant is different from the debt and, especially, among others, when there is novation, that is, when
The Lessor and the Lessee establish a new contract without the participation of the guarantor.

Replacement of the Guarantee

The Lessor may require the Lessee to change the type of guarantee, or even a new one.
guarantor (art. 40), in the cases that the Law enumerates: death of the guarantor; absence, interdiction, judicial recovery,

bankruptcy or insolvency of the guarantor, declared in court; release of the guarantor; extension of the lease for
indefinite term when the guarantee is set for a definite term; alienation or encumbrance of all assets
properties of the guarantor or their change of residence without notifying the Lessor; extension of the lease for

indefinite period once the landlord is notified by the guarantor of their intention to release the guarantee;
disappearance of movable property; expropriation or alienation of the property, among others provided for in the article

40 of the tenancy law.

Civil and Criminal Penalties

Many landlords commit unlawful acts of a civil or criminal nature without even the
imagine (art. 43). The Law establishes that it constitutes a criminal offense, with a prison sentence that can vary from

five days to six months, the fact that the Lessor:

a) demand from the Lessee an amount or value beyond the permitted charges;
b) require more than one type of guarantee in the same contract and
c) to charge the rent in advance, when it does not involve a seasonal rental or rental without
guarantee.

Contract and Registration Fees

The contract and registration fees must be paid by the Lessor (art.22, VII).
Meanwhile, it is almost routine for real estate agencies to charge the Tenant a certain amount as a fee.
drafting of the contract or registration of the interested party and the guarantors.
 As this is a police case (art.43, I), the Tenant must seek a proof, whatever it may be,
even the witness, and to file a criminal complaint against the administrator and landlord.
In this case, it is not necessary for the Tenant to pay the requested amount, it is enough for him to prove that there was the

collection of these amounts.

For the application of the penalty, the law does not require that the sought advantage be consumed, but rather that it be

It clarifies the conduct of requiring the value for such services.

The law allows the judge to impose a penalty of deprivation of liberty (prison sentence), or, alternatively, a penalty of

fine in favor of the Tenant. In this case, the fine may vary between three and twelve months of the rent amount
updated (art. 43).

Requirement for more than one type of guarantee

This is an easy offense to prove.
It can be proven by witnesses or, if it has been consummated, by the contract itself (art.43, II).
The judge, when examining the situation in which the event occurred, is the one who will determine the sentence or the fine. It is common for the

the judge to impose the fine, as it is more beneficial to the Tenant and less socially harmful to the Landlord.

Collection of Advance Rents

The charging of advanced rents is a misdemeanor (art.43, III). However, this type of
Illicit is more common than one might think.

In most cases, the advance payment is even included in the contract. However, it is easy
solution.
Many times the Lessor, after consulting a lawyer, chooses to pay compensation to
Tenant, within the limits of the fines that the Court would apply, and through this amicable composition, negotiate a

new contract.

Contravention by the Sub-lessor

These penalties are also applicable to the Sublessor who requires these conditions from the Sublessees.
that the law prohibits (art. 43, III).

What is important to note is that such facts, considered misdemeanors, must,

obligatorily, being originated due to rental or subleasing, not applying when the situation is
another, not protected by the Tenancy Law.
It should be noted that the rental of parking spaces, apart-hotels, and properties owned by
public authorities are not subject to the Tenant Law currently being examined.

Responsibility of Administrators
 When properties are managed by companies or agents, they will also be subject to
on penalties, since the attorney has the duty to act in accordance with the Law, not being able, under any circumstances

hypothesis, exceeding legal limits, under the pretext of defending the interests of its constituent.
The responsibility of the administrator is greater than that of the landlord, as the administrators, when

Contrary to simple landlords, they have a legal obligation to be aware of their activities. Hence the penalties,
Respected the legal limits, they should be stricter for them.

Refusal to Provide Receipt

The Tenancy Law, however, also has more severe penalties (art.44).
The Lessor or Sublessor may be punished with a detention sentence of up to one year for leases.
multifamily collectives, refusing to provide a detailed receipt of rent and charges.
This device has a greater purpose, which is to prevent lessors and sublessors
keep the Tenants and Subtenants in a state of lease slavery, that is, that they cannot
claim their rights because they do not have receipts for the rental payments.
The thing is, without receipts of the paid rents, when complaining they could face eviction due to lack of payment.

of payment, since they would not have documents to prove the settlement. Furthermore, this provision also reflects on

situation in which the Subtenant has the right to reduce the value of the multifamily collective sublease to half of
rental value of the entire property.

Insincere Owner
The landlord who requests the property for their own use or that of an ascendant or descendant, and does not use it

within one hundred and eighty days of the delivery of the property or not occupying it for a minimum period of one year

can also be punished with a detention sentence of up to one year (art.44, III).

The penalty will still apply if the final use given to the property is not exactly
that declared in the request.
Thus, if the Lessor requests the property for the use of his daughter and then assigns it to the nephew, brother-in-law

or any other relative, will be violating the Law and, therefore, subjecting themselves to a prison sentence.
Furthermore, if the Landlord requests the property for personal use and then, shortly after the delivery, occupies it and makes use of it

staying for eight months, and then renting it out to third parties, will be committing a crime and subjecting themselves to imprisonment.

The law requires that the occupation be for a minimum period of one year.
Even if the Lessor requests the property for use by their parents, and they do not occupy it, leaving it

closed for more than a year, would not be exempt from the penalty. The offense is not characterized by the act of renting the

property for third parties, but rather due to an insincere request for resumption.
 The same applies to the request for the repossession of a property for the purpose of urgent repairs.

determined by the public authority, or for demolition and construction, within sixty days counted from the
if the delivery of the property did not effectively begin.

Fine in favor of the Tenant

In addition to the penalties described, the Law stipulates that the Tenant, occurring any of these scenarios,

You may claim, in another process, a fine equivalent to a minimum of twelve and a maximum of twenty-four.
rental months, considering, for calculation purposes, the value of the last monthly rent payment,
correctly amended, or, if the property is being re-rented, the fine may be based on the value
of the monthly rent charged to the new Tenant (art. 44, sole paragraph).

It is certain that situations deemed unpredictable may arise, in which it becomes satisfactorily clear
that the Lessor has not acted in bad faith.
However, we have to state that this fact does not remove the applicability of the fine, it may only reduce it to

minimum, because considering this eventuality is why the legislator granted the judge the power to
the fine ranges between the minimum and maximum established by law.
It is precisely due to the existence of intent, fault, or mere unforeseen circumstances that the fine may be

greater or lesser.

Nullity of Contractual Clause

Many are the landlords or property managers who include numerous useless clauses.
in the lease agreement.
But the clauses that, in one way or another, aim to frustrate the objectives are null and void by law.
from the Tenancy Law (art. 45).
Certainly, the clause that imposes adjustments at a frequency shorter than that established by the law will not be valid.

allows; to set the rental values in dollars; to establish that at the end of the residential contract
the Tenant is obliged to sign a new contract; which records that the lease may not be in effect for a period
indeterminate, or, still, among others, that prohibits the exercise of the review action.
These clauses, and all those with such characteristics, are null and have no legal effect, or
it is as if they do not exist, they are disregarded in a demand.
The current legal provisions demonstrate the social character of the Tenancy Law and make it clear that
it does not matter that the Tenant has contractually agreed to several requirements from the Landlord.
In the end, only the clauses that the Tenant has accepted and that are within the limit will be valid.
spirit of the Law.
 The others, when they aim to circumvent the social purpose of property, as defined until
under the Federal Constitution, they will have no effectiveness, but, on the contrary, may serve as proof of
landlord abuse, for the benefit of the tenant in the event of a legal action.

Rental Assignment
The deposit is the act of depositing the amount of the debt in court, whose installments must be clearly specified.

demonstrated in the petition addressed to the judge (art.67).

Thus, when the Landlord unjustly refuses to accept the monthly rent, including the
rental accessories, the Tenant may obtain judicial declaration of debt settlement, through
assignment of rents.
For the Tenant to be able to take advantage of this opportunity, it is essential that they consult the Landlord.

together with two witnesses, and offer him the payment.

If the payment is refused, in the presence of witnesses, the Tenant may proceed with the deposits.
judicial, including the following months, until the judge issues the sentence.
With the advent of the Special Courts, in many cases the Tenant may exercise their own
defense in the judicial scope.
However, when the situation of the demand does not fall within the permissive grounds of the Law, the Tenant

must assert your rights, or exercise your defense, through a lawyer, or, if you are poor,
unable to bear the legal and procedural burdens, through a public defender.

Consignment via Bank Deposit

The procedural law (article 890 and following of the CPC - (Code of Civil Procedure)), dealing with obligation
in cash, authorizes the debtor or a third party, instead of immediately filing the consignment action, to choose the
deposit of the due amount in an official banking institution.
In this case, the Tenant must proceed in the same way, trying to make the payment.
correctly and at the address specified in the contract.

In the event of refusal, the Tenant may go to an Official Bank and make the deposit into the account.
with monetary correction, specifically opened for this purpose, to take a copy of the bank receipt and
reimburse the Lessor, with a letter informing about the deposit and setting a deadline of 10 (ten) days for a response
of the refusal.

The letter must be sent by mail, with acknowledgment of receipt.

If the Lessor refuses to accept your credit, also in writing, the Lessee must propose, within
of 30 days, the Action of Consignment, bringing to the process the expression of refusal and the proof of
deposit of the respective amount.
 In this case, the demand will be simple and quick, since the written refusal constitutes proof.
sufficient for the judge to examine the case and determine the right.

But if the Action for Deposit is not filed within 30 (thirty) days from the refusal, it will remain
the deposit is null and, consequently, the tenant-depositor may withdraw it.
If the Landlord does not formally refuse the deposit within the set deadline, it will be legally settled.
the debt, and the deposit will remain available to the Lessor in the bank.

Action of Consignation X Action of Eviction

It may happen that the Tenant files a Payment Consignment action, and the Landlord, one of
Eviction due to non-payment.
In this case, the two claims are 'connected' (art. 102, 105, and 106 of the CPC - (Code of Civil Procedure

Civil), that is, they are actions that must be decided by the same judge, simultaneously, since, if judged
Separately, there would be the risk of contradictory decisions.

Either party may request the judge to consolidate the actions.

It is certain, however, that the processes must be sent to the judge who first issued a ruling.
any of the demands.
This legal procedural figure is called "prevention of the Court."
The connection situation does not occur when there is a garnishment and an eviction action.

failure to comply with a clause or even an empty notice.

The connection, in this case, occurs because the same parties, in relation to the same
contract, discuss a legal relationship regarding amounts to be paid or received.

Remember . . .
1. When the lease agreement is verbal or silent, the taxes, fees, and insurance premium
Fire complement, incidents related to the property, are the responsibility of the LANDLORD.
2. The rent receipt for the TENANT must be itemized, indicating each paid installment,
separately, since the law prohibits the generic, global receipt.
3. The LANDLORD and the TENANT have the right to request a review of the rental amount every 3 months.
years, adjusting it to the market price. However, if there is an agreement on values during this time,
the deadline will only start counting from the last agreement.

4. The action for the review of rents is not applicable when the TENANT is in default of
deadline for vacating the property.
5. When the LANDLORD does not provide an inspection of the condition of the leased property, or does so

incorrect form, the TENANT has the right to demand a detailed description of the condition of the property that is

receiving, precisely to avoid being forced to make undue future repairs.

 6. The new paint in the property can only be required at the end of the lease when the property was received.

also painted again.

7. The TENANT has the right to deduct from the monthly rents the amount paid to the condominium, as a title

of extraordinary expenses and reserve fund.

The LANDLORD has the right to demand the return of the property when the TENANT subleases it.
third parties, partially or totally, unless provided for in the contract or authorized in writing.

9. The partner of the TENANT, just like the partner of the TENANT, who resides in
the property has the right to continue the lease upon the death of one or the other.
10. The fines, for late payment, or for breach of the obligations of the TENANT, or of the
LESSOR, they can only be charged if provided for in the lease agreement.
11. THE LANDLORD who reclaims the property for personal use or for family members, if not occupied within the period of

six months, or, if occupying it, as requested, not remaining in it for the minimum period of one year, will be
subject to compensation and prison sentence.

12. The guarantee provided by a married person without the ...

signature of your spouse.
13. Verbal rent review agreement, or by amendment, without the signatures of the guarantors, does not ...
will compromise regarding the negotiated differences.

14. The TENANT must notify the LANDLORD, with a registered copy, regarding all damages.
that occur in the property due to rain, infiltration, defects in installations, etc.; this measure can
avoid complications at the time of property delivery.
15. The LANDLORD who always receives the rent late, without charging a penalty, is accepting
implicit amendment to the contract, becoming prohibited from charging late fees later.
16. The seasonal rental is not renewable; if the LANDLORD accepts the renewal, even if
verbally, will actually be accepting the rental of the property for a minimum period of thirty months.

17. Any type of agreements between LANDLORD and TENANT must be written, this can prevent
problems for both parties.
18. The TENANT, in the absence of the LANDLORD, may attend the condominium meetings and vote.
in decisions involving ordinary expenses, even without a power of attorney.

19. The buyer of a rented property may reclaim the property, regardless of whether or not it is.
the contract has expired, unless the contract has clauses that guarantee the lease in case of sale.
20. THE LESSOR is not obliged to pay the Administrator the costs for registration, contract, advertisements,

etc; if these expenses are not clearly outlined in the service provision contract.
The TENANT is not obligated to pay registration, contract, advertising, etc. expenses.
These expenses should be borne directly by the LESSOR, or by the administrator.
 22. THE LANDLORD, before handing over their property to an Administrator, must be attentive and inform themselves

what services will be provided to you and what is the monthly fee that will be charged. There is no fee schedule.
administration fee or registration fee, each administrator offers a type of service and each one can
charge a monthly percentage commission, completely different.
23. The LANDLORD must be aware if the administrator charges registration fees and/or fees.
of the tenant's contract, because, it being certain that charging is a criminal act, the process may
also compromise the owner, since, obviously, the management is carried out by this power of attorney.