The tenancy law allows the landlord to require a guarantee, but only one of four — and demanding two at once is expressly prohibited under penalty of nullity, and under art. 43 this is also a criminal contravention. The monetary deposit cannot exceed three monthly rents and must be placed in a savings account, and the interest on it belongs to the tenant. This is the most useful rule for a newcomer: the market regularly tries to take both a guarantor and a deposit at the same time.
Four allowable guarantees (art. 37)
| Type | What it is |
|---|---|
| Caução | deposit — in money, movable or immovable property |
| Fiança | personal guarantee by an individual, usually backed by real estate in the same city |
| Seguro de fiança locatícia | insurance instead of a guarantor |
| Cessão fiduciária de quotas de fundo de investimento | pledge of quotas of an investment fund |
Art. 37, sole paragraph: "It is forbidden, under penalty of nullity, to require more than one form of guarantee in a single lease agreement".
This is the rule most often broken with foreigners — the newcomer has no fiador, and instead of replacing it with another guarantee they are asked to pay a deposit in addition.
Sanction for violation (art. 43)
Requiring more than one guarantee in a single contract is a contravenção penal, a criminal contravention. Sanction: simple imprisonment from 5 days to 6 months or a fine in the amount of 3 to 12 monthly rents, collected in favor of the tenant.
The same article punishes demanding payments beyond rent and permitted charges and demanding advance payment of rent — except in the cases of art. 42 and daily rental (locação para temporada).
What exactly becomes null. From the text of art. 37 one might read that the entire contract is null, but settled case law interprets the rule differently: only the excessive guarantee is annulled, and the first agreed one remains in force. Thus the tenant does not lose the housing; they lose the extra obligation.
Monetary deposit (art. 38)
- No more than three monthly rents (§2)
- Placed in a savings account (caderneta de poupança)
- All benefits from it upon return belong to the tenant — that is, the interest belongs to the tenant, not to the landlord
- A pledge of movable property is registered in the Registro de Títulos e Documentos, of immovable property — by an entry in the property's matrícula (§1)
Duration of the guarantee (art. 39)
If the contract does not state otherwise, any guarantee remains in force until the actual return of the property — including when the lease is extended for an indefinite period. A guarantor is not automatically released at the end of the initial term.
Lease formats
- Locação residencial — standard residential lease, on the market usually 30 months.
- Locação para temporada — short-term lease; for it the law separately allows advance payment. Discussed below: in resort regions like Santa Catarina this is the main format in summer, and it is where people most often get burned.
Locação para temporada — art. 48–50
What it is (art. 48). A lease for temporary residence: vacation, study, medical treatment, repair of one's own dwelling and similar circumstances, limited by time. The contract lasts no more than 90 days, regardless of whether the property is furnished or not.
Sole paragraph of art. 48: if the property is furnished, the contract must describe the furniture and utensils indicating their condition. This is a protection for both parties and the first thing skipped in an oral agreement.
Advance payment (art. 49). The landlord is entitled to receive the entire rent and charges all at once and in advance, and also to require any of the guarantees under art. 37. That is, "pay three months at once" here is legal — unlike in ordinary residential leases.
The rule that converts the contract (art. 50). If at the end of the term the tenant remains in the property for more than 30 days without objection from the landlord, the lease is presumed to be extended for an indefinite term, and it is no longer possible to demand advance payment.
Sole paragraph of art. 50: after such an extension the landlord may terminate the contract only after 30 months from its start or on the grounds of art. 47.
For a newcomer, a short-term contract that "just extended itself" by a month and a bit becomes indefinite with all the protection of an ordinary lease. This is beneficial for the tenant and risky for the landlord, and so in resort areas landlords take care to redo the paperwork formally.
Condomínio fees and IPTU are almost always added to the rent — people regularly leave them out of the budget, see Property taxes in Brazil for a non-resident (in Russian).
Early termination of the contract (art. 4)
While the contract term runs, the landlord cannot take back the property. The tenant may leave — but pays a multa rescisória, and it is proportional to the remaining portion of the term, not charged in full. If the amount of the fine is not specified in the contract, it is determined by the court.
There is one exemption from the fine (art. 4, sole paragraph): transfer by employer (private or public) to work in another location. Condition: notify the landlord in writing at least 30 days beforehand.
This matters most to a newcomer: the standard residential contract runs for 30 months, and plans change faster.
Indexation and rent review (art. 17–20)
- The amount of the rent is freely determined by the parties, but it is forbidden to set it in foreign currency and to tie it to the exchange rate or to the minimum wage (art. 17). An agreement to pay "in dollars" is not allowed.
- The amount or the adjustment clause can be changed by agreement of the parties (art. 18).
- If there is no agreement, after three years of the contract either party may request a judicial revision of the rent to market level (art. 19).
- Advance payment of rent is forbidden, except in the cases of art. 42 (when there is no guarantee at all) and daily rental (art. 20).
The specific adjustment index is a matter for the contract; inflation indices are used on the market. The law itself does not name a specific index.
Who pays for what in the condominium (art. 22 X and 23 XII)
This is where newcomers most often get charged for extras.
| Paid by the landlord — extraordinárias | Paid by the tenant — ordinárias |
|---|---|
| works affecting the building's structure | salaries and contributions for condominium staff |
| painting of façades and external window frames | water, sewage, gas, electricity in common areas |
| works to restore the building's habitability | cleaning, maintenance and painting of common areas |
| labor indemnities for dismissals before the start of the lease | maintenance of common engineering systems and equipment |
| installation of security, firefighting, communication systems, sports and leisure equipment | maintenance of elevators, intercoms, collective antennas |
| decoration and landscaping of common areas | minor repair of common electrical and plumbing installations |
| formation of a reserve fund | allocation of a deficit, except for the period before the start of the lease |
The easiest rule to remember: everything that improves or repairs the building itself is the owner's responsibility; everything that keeps it running day to day is the tenant's. Charging the tenant for a contribution to the reserve fund and for façade painting is illegal.
If the apartment is sold (art. 27–34)
The tenant has a right of first refusal on equal terms with third parties. The owner must notify the tenant of the deal — judicially, extrajudicially or by another indisputable means, indicating all conditions: price, payment terms, existence of encumbrances, place and time where documents can be examined (art. 27).
- An answer is given within 30 days; silence extinguishes the right (art. 28).
- If the tenant agreed and the owner changed their mind, the owner is liable for losses, including lost profits (art. 29).
- If the right was disregarded, the tenant may claim damages or take the property by paying the price and expenses — within 6 months of registration of the deal and only if the lease contract was entered in the property's matrícula at least 30 days before the sale (art. 33).
- A co-owner of the building has priority over the tenant (art. 34).
Registering the lease in the matrícula is a cheap step, and the only thing that makes this right effective.
How the contract ends (art. 46–47)
| Contract term | What happens upon expiration |
|---|---|
| 30 months or more, written | terminates automatically, without notice. If the tenant stayed and the owner did not object for 30 days — the contract is extended for an indefinite term, and thereafter the owner may terminate it at any time by giving 30 days to vacate |
| less than 30 months | is automatically extended for an indefinite term, and the property can be taken back only on the grounds listed in the law |
The grounds in art. 47 — a closed list:
- the cases in art. 9 — mutual agreement, breach of contract or law, nonpayment, necessity of urgent works required by authorities;
- termination of the employment contract, if the lodging was linked to employment;
- for the owner's own residence, or that of their spouse or cohabitant, or for an ascendant or descendant relative who does not have their own housing;
- for demolition and permitted construction or agreed works increasing the area by at least 20%, and for a hotel or boarding house — by 50%;
- if continuous tenancy lasts longer than five years.
Under the third ground the need will have to be proven in court if the owner already occupies another property under the same circumstances (§1). The fifth ground is the flip side of the protection for short contracts: it is not eternal.
This is counterintuitive: a shorter contract protects the tenant more strongly. At the end of the standard 30 months the contract moves to a regime where the tenant can be asked to leave with one month's notice without explanation.
How the rent is indexed and recent values
The law does not name the index; it is chosen in the contract. In practice two compete, and here are their values for the twelve months to May 2026: IGP-M FGV +1.95%, IPCA IBGE +4.72%. A gap in the tenant's favor is rare: IGP-M usually rises faster, so check which one is specified in the contract. Both values are from the FipeZAP index report for May 2026, where they are given for comparison with the rental market.
Sources
- T1Lei nº 8.245/1991 (Lei do Inquilinato)planalto.gov.br · primary source
- T2Ban on double guarantee in lease contracts: case lawjusbrasil.com.br · secondary source
- T2Tenancy Law (Lei do Inquilinato): interpretation and case lawportalimobiliariocontagem.com.br · secondary source
- T1FipeZAP bulletin for May 2026 — comparative values IGP-M FGV (+1.95%) and IPCA IBGE (+4.72%) over 12 monthsdownloads.fipe.org.br · primary source
T1 — primary: law, agency site, price list. T2 — secondary: press, specialist sites. T3 — other.