Brazil: renting a home, the checklist
From the budget to returning the keys: what to check in the property and the contract, what guarantee to give, who pays each expense and what to do on the way out.
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Time: a few weeks, from the viewing to the handover of the keys
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The plan
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The tenant pays the rent, consumption and the ordinary condominium expenses; the IPTU is the landlord’s, unless the contract says otherwise (Law 8,245/1991, arts. 22 and 23).
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The site’s rent-or-buy calculator does the sum with your numbers.
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A cash deposit (caução) can reach three months of rent (art. 38, § 2).
The viewing
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The landlord answers for defects that existed before the lease (art. 22, IV).
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The tenant must comply with the condominium bylaws and internal regulations (art. 23, X).
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By law, they are the landlord’s (art. 22, VII). See what the contract says.
The contract
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A written contract of 30 months or more ends at the end of the term, without notice; a shorter one, or a verbal one, is extended for an indefinite period (arts. 46 and 47).
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The penalty for early return is the agreed one, proportional to the period already served (art. 4).
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The adjustment can only be annual and cannot be tied to the exchange rate or the minimum wage (Law 10,192/2001, art. 2, § 1; Law 8,245/1991, art. 17).
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Unless the contract expressly says otherwise, taxes and fire insurance are the landlord’s; ordinary condominium expenses, the tenant’s (arts. 22 and 23).
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Without that, whoever buys the property can terminate the contract and give you 90 days to leave (art. 8).
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On equal terms with third parties, with the landlord notifying you of all the conditions of the deal (art. 27).
Guarantee and inspection
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Only one per contract: more than one type is void (art. 37, sole paragraph).
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The savings account’s earnings stay with the tenant (art. 38, § 2).
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Article 23, XI, of the Tenancy Law.
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The landlord must provide it if the tenant asks (art. 22, V). Take dated photos and videos.
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A generic discharge is forbidden (art. 22, VI).
Living there and leaving
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The tenant pays electricity, gas, water and sewage and telephone (art. 23, VIII).
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Also disturbances by third parties (art. 23, IV).
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Art. 23, VI.
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The calculator accumulates the index of the 12 months before the adjustment month; the contract clause rules.
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Wear from normal use does not count (art. 23, III). In an indefinite-term contract, the notice is 30 days (art. 6).
Keys in hand
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Good to know
- This list applies to the residential rental of an urban property. Seasonal rentals (up to 90 days), commercial property and lets in the name of a legal entity have other rules (arts. 48 and 55).
- What counts is the contract within the limits of the law: the Tenancy Law sets the minimum, and contracts, condominium bylaws and local custom add detail.
- Notary and registry offices, agencies and condominiums have their own requirements and fees: ask first, in writing.
- Keep the contract, the inspection report, the photos and the receipts until the end of the lease and after the keys are returned.
Frequently asked questions
What is the inspection report (laudo de vistoria)?
The description of the property’s state at handover. The landlord must provide a detailed description, with the existing defects, if the tenant asks (art. 22, V). On leaving, the property goes back in the state in which it was received, apart from normal wear (art. 23, III).
What guarantee can the landlord demand?
A cash deposit, a guarantor, rental surety insurance or a fiduciary assignment of investment fund shares, but only one of them per contract (art. 37). The cash deposit goes up to three months of rent (art. 38, § 2).
Can I leave before the end of the contract?
You can, paying the agreed penalty, proportional to the period already served (art. 4). Whoever leaves because of a job transfer to another place is exempt from the penalty, if they give the landlord 30 days’ written notice.
Can the rent go up more than once a year?
No: an adjustment clause with a frequency under one year is void (Law 10,192/2001, art. 2, § 1).
What happens if the property is sold?
The buyer can terminate the contract and give 90 days to vacate, except for a validity clause in case of sale recorded in the registry, in a fixed-term contract (art. 8). Before that, the landlord must offer the property to the tenant on equal terms (art. 27).
Next step
I’m not an accountant or a financial advisor. This is an estimate, for information only. Check with a professional before you decide.
For your contract, find a lawyer you trust or the Public Defender’s Office (Defensoria Pública); for the condominium, the building manager (síndico) and the management company.