The rental agreement in real estate is regulated by various rights and responsibilities to ensure the well-being of both the landlord and the tenant.
It is crucial for the tenant to understand their obligations and rights as outlined in Law No. 8.245/91 to maintain a fair and balanced relationship.
This article will discuss the key rights that guarantee tenants appropriate conditions for property use, along with the obligations they need to fulfill to uphold the contract’s integrity.
Who is the tenant?
The tenant is the individual or entity that leases a property for a regular fee known as rent.
The part can benefit from the contract as long as it meets the specified conditions.
Procedural time limits counting guidelines according to Article 231 of the CPC
What are the privileges of a tenant?
Tenant rights aim to safeguard their occupancy and guarantee suitable conditions for utilizing the property throughout the duration of the lease.
Receive the item in proper state
The tenant has the right to obtain the property in suitable conditions for the intended use as specified in the agreement.
Legal foundation: Article 22, Section I of Law No. 8,245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
I provide the tenant with the rental property in a condition suitable for its intended use.
Peaceful utilization of the property
The tenant has the right to enjoy the property without outside disruptions from the landlord or others.
Legal foundation: Article 22, Section II of Law No. 8.245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
II – guarantee the peaceful use of the rented property throughout the lease period.
Please provide evidence of payment.
The tenant can request detailed receipts for all payments made, including rent and fees.
Legal foundation: Article 22, VI of Law No. 8,245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
The tenant should receive a detailed receipt emphasizing the significance of this payment, as outlined in the standard discharge.
Repayment of a deposit or security deposit
Upon the contract’s completion, the tenant has the right to receive back all financial guarantees, such as deposits or bonds, if there are no remaining debts.
Art. 38, § 2 of Law No. 8.245/91 provides the legal foundation.
The deposit can be made in personal property or real estate.
The cash deposit, not exceeding three months’ rent, must be placed in a savings account approved and regulated by the government, with the tenant receiving all associated benefits upon withdrawal.
What responsibilities does a tenant have?
The tenant is responsible for using the property properly and meeting the obligations outlined in the contract.
Article 23 of the Inquiline Law outlines the specifics.
Pay your rent and fees on time.
The tenant is required to make the rental payments and any associated fees by the specified deadline in the contract, or by the sixth working day of the following month if no specific time is stated.
Legal foundation: Article 23, Section I of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
I pay my rent and leasing fees on time as required by the contract, either by the specified due date or by the sixth working day of the following month if no specific date is mentioned in the agreement.
Use the property in accordance with the agreement.
The tenant is required to use the property solely for the purposes specified in the agreement while maintaining its condition and usability.
Art. 23, II of Law No. 8,245/91 is the legal foundation for this.
The tenant must comply with Article 23 of Law No. 8,245/91.
If you use someone else’s property for a gathering or event, make sure to take care of it as if it were your own.
Bring the property back to its initial condition.
The tenant is required to return the property in the same condition as when it was received, excluding normal wear and tear, at the conclusion of the contract.
Art. 23, III of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
Restore the property back to its original state, except for any damage from regular use, and terminate the lease.
Communicate about harm and cloudiness
The tenant is required to notify the landlord of any property damage or external disruptions that affect its usability.
Legal foundation: Article 23, IV of Law No. 8,245/91.
The lessee must comply with Article 23 of Law No. 8,245/91.
Immediately inform the recipient of any damages or defects that may arise during this task, as well as any third-party issues.
Loaded with repairs for damage inflicted
The renter is responsible for covering the cost of any repairs needed if they or others under their responsibility damage the property.
Art. 23, V of Law No. 8,245/91 serves as the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
To promptly fix any damages found in the property caused by the tenant, their family members, visitors, or others.
Do not make changes to the property without permission from the owner.
Any alterations to the property, both inside and outside, require written consent from the landlord beforehand.
Legal foundation: Article 23, section VI of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
Do not alter the appearance or structure of the property without the hirer’s written permission.
Provide the renter with the necessary collection and subpoena paperwork.
The tenant is required to promptly transfer any payments, penalties, or legal notices from authorities to the landlord, regardless of who they are addressed to.
The rental company knows about legal or financial problems that could impact the property.
Art. 23, VII of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
Hand over the tax and condominium fee collection documents to the tenor promptly, as well as any subpoenas, fines, or requests from public authorities, even if they are addressed to the tenant.
Pay for the costs of using services
The tenant is in charge of paying for their own utility expenses like phone, electricity, gas, water, and sewage.
This regulation ensures that the tenant is responsible for expenses linked to the actual utilization of services at the property.
Legal foundation: Article 23, VIII of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
VIII – Cover the costs of phone, electricity, lighting, gas, water, and sewer services.
Permit visas and trips
During the lease, the tenant is required to permit property inspections and visits by potential parties, as long as they are scheduled in advance and conducted at reasonable times.
Legal foundation: Article 23, IX of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
Allow the renter or their agent to view the property by scheduling a specific day and time in advance, and also agree to allow third parties to visit and inspect the property as specified in Article 27.
Follow the condominium regulations.
It is the responsibility of a tenant to follow the rules set out in the condominium agreement and internal regulations to ensure that their behavior aligns with the expectations of living together in the community.
Art. 23, X of Law No. 8.245/91 is the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
X – adhere completely to the rules and regulations of the condominium.
Pay the bail bond premium.
The tenant must pay for bail insurance as stated in the contract, which serves as a guarantee for the tenant’s payment of rents and leasing fees.
Legal foundation: Article 23, XI of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
XI – make the payment for the bail insurance premium;
Pay regular condominium fees
The renter is responsible for covering the standard condominium fees, which encompass the expenses related to upkeep, preservation, and functioning of shared spaces and necessary amenities.
These costs are essential for the condominium to operate effectively and for the property to be used appropriately.
Legal foundation: Article 23, Section XII of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
XII – cover the regular condominium costs.
What happens when a Renter does not meet their obligations?
The tenant failing to meet responsibilities in a lease agreement can lead to different outcomes, depending on the type of breach.
Among the primary ones are:
- The agreement can be ended by the lessor if there is a breach, like failure to pay rent or other significant violations outlined in Article 9 of the Tenant Law.
- The landlord can take legal action to regain possession of the property if the tenant stays there after defaulting on payments.
- The tenant has the option to collect amounts owed by the tenant, including late rent, contractual fines, and charges, either through the legal system or outside of it.
- Many contracts include a penalty for failing to meet obligations, like late payments or leaving the property earlier than agreed upon.
- If the contract is secured, the lessor may use these guarantees to compensate for any losses resulting from non-compliance.
- Rents and late fees could lead to the tenant’s name being listed in credit bureaus like SPC and Serasa.
- The tenant may need to pay for any damage to the property or failure to meet contract terms.
- The tenant who fulfills obligations might face challenges when trying to renew the contract or discuss new terms.
The outcomes aim to maintain the contractual equilibrium, protect the tenant’s rights, and prevent losses due to the tenant’s dishonesty or negligence.
The importance of the tenant in maintaining contract stability.
The rental agreement is regulated by obligations and entitlements that aim to promote a harmonious and equitable relationship between the landlord and the tenant, as outlined in the Tenant Law.
The tenant is entitled to legal protections that ensure the peaceful use and security of the property, but they must also adhere closely to their contractual and legal responsibilities.
Respecting these rules not only avoids conflicts but also enhances trust and stability in local relationships, benefiting all parties.
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