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© 2016 Dwellworks
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Discovering Brazil
Lease termination
30 days’ notice is required by law
Notice must be given in writing. There is no requirement by law for the letter to be
sent to the landlord by recorded delivery, but it is recommended
The landlord has to give three months’ notice to the tenant if they want to take the
property back at the end of the agreed term
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Contracts may contain clauses which authorize termination on insolvency,
bankruptcy, compromise with creditors, and similar events
Lease renewal
Lease contract can be renewed for a one year period
The intention to renew has to be informed in writing at least 30 days before the
rental period is finished
If neither the landlord nor tenant has given notice for the contract to end when the
lease expires, this implies a tacit agreement for it to continue. Formal renewal is
carried out, usually for a further 12 months
Helpful Hint:
During the term of the lease, the landlord has the right to terminate the
lease for breach of contractual duties by the tenant, non-payment of rent or any other
contractual costs, if urgent repairs need to be carried out and they can't be done while
the tenant occupies the property, or they can be done with the tenant in residence, but
the tenant does not agree to them.
Requirements
Documents required from the renter
Authenticated copy of the RNE, or passport
Authenticated copy of CPF
Proof of income that is three times of the monthly rent*
Personal income tax declaration for the current year (IRPF)*
* For expats this is often replaced by a letter from the local employer
Landlord Obligations
The property must be rented with all equipment functioning correctly, for example
plumbing and wiring. If the tenant discovers that this is not the case once
services have been connected, it is up to the landlord to undertake any
necessary repairs
It is the landlord's responsibility to pay for structural repairs and any extraordinary
condominium expenses
Tenant Obligations
To pay the rent, property tax and condominium fees, and service charges timely
and in full by the agreed date
In the case of a condominium: adhere to the internal regulations of the building
Responsible for damages unless it is the result of the landlord, or circumstances
outside of the renter’s control