Landlord and Tenant Obligations

Understand rights and responsibilities when leasing property in Brazil...

There are a number of obligations that both landlords and tenants should be aware of when renting accommodation in Brazil.

Tenancy Obligations

The tenant's obligations are as follows:

  • To pay the rent in full by the agreed date
  • To pay the property tax, IPTU (if this has been agreed upon)
  • To pay service charges: water, electricity and if applicable, communal maintenance in an apartment
  • To use the property "appropriately", that is, as if it were their own
  • In the case of a condominium: adhere to the internal regulations of the building
  • To be responsible for any damage unless it is the result of the landlord, someone on the property uninvited or force majeure (circumstances outside of their control)
  • To arrange household insurance cover (if stipulated in the contract)

Unless agreed in the lease contract a tenant may not:

  • Use the property for any other purpose than that stipulated in the contract
  • Sublet without written agreement from the landlord
  • Make any major changes or transformations to the property or structures without the landlord's consent

Condominium charges

The tenant is also responsible for paying condominium charges if they rent in an apartment block with communal areas - the amount is stated before the property is rented. In most cases, the tenant will receive a separate bill, monthly, which should be paid to the building syndicate.

Landlord Obligations

The landlord must rent the property with all equipment functioning correctly: for example, taps and wiring and electricity points in the walls and ceilings. 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, external painting of the building, fire and security equipment and any other extraordinary maintenance/condominium expenses.

If the landlord decides to sell the property, they must first offer the sale to the tenant before putting it on the market. This offer must be in writing at least 30 days before the property is openly marketed elsewhere.