The Inquilinate Law (Law No. 8,245/1991) governs the rental of urban properties, establishing rights and obligations for both landlords and tenants.
This legislation emphasizes the importance of renewing contracts to ensure that leases continue smoothly and meet the parties’ needs effectively.
The rental renewal agreement is important for updating terms like rent amount, due dates, and duties, thus avoiding disputes and ensuring legal clarity.
We offer a rental renewal contract model in this article to help with the formalization of the process as per the law. View the rental contract template provided.
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CONTRACTOR: [Full Name of Locator], [nationality], [marital status], [occupation], holder of RG Number [number of the RG], CPF/MF Number [number of the CPF], residing at [full address] in [city], [state].
[Complete Renter Name], [nationality], [civil status], [profession], carrying RG [GG number], registered with CPF/MF under [CPF number], residing at [full address] in [city], [state].
1. The Purpose of the Agreement
The contract aims to extend the residential lease agreement for the property in [Street], [Neighborhood], [City], which was previously rented to [Full Renter Name], CPF [CPF number], for a 12-month term from January 1, 2024, to December 31, 2024.
The rental includes three bedrooms, a living room, a kitchen, and a two-car garage. The monthly rent is R$ 1,650 and should be paid by bank transfer before the 5th of each month.
2. Length of time
This agreement will be in effect for a period of 12 months starting on January 1, 2024, and concluding on December 31, 2024, as mutually agreed upon.
The contract can be renewed by mutual agreement of the parties, following the applicable legal rules, particularly Article 47 of Law No 8.245/1991, which allows for lease contract renewal.
The tenant must inform the landlord in writing at least 30 days before the end of the lease term if they wish to renew the contract, or their renewal request may not be considered.
The tenant must notify the landlord within the specified time frame about their decision regarding contract renewal, and they have the option to not renew as long as all legal and contractual obligations are met.
Upon non-renewal, the tenant is required to leave the property by the end of the term and is liable for any property damage, as outlined in Article 23, section III, of Law No 8,245/1991.
3. Value of Rent
The monthly rent will be R$1,650.00 and must be paid by the tenant by the 5th of each month via bank transfer to the specified account.
The tenant agrees to pay the rent by the specified date, and it will be considered late if not paid by the 5th of the month.
The tenant will incur a penalty of 10% of the rent amount for late payment, along with a monthly interest rate of 1% starting from the first working day after the due date, in accordance with Article 395 of the Brazilian Civil Code.
The tenant must provide written notification of the bank information required for the transfer and is responsible for ensuring the payment is accurate.
The rental price can be changed each year based on the IPCA correction index, as stated in the law. The landlord must inform the tenant of the new rent value less than 30 days before the adjustment date.
Annual modification
The rental value will be updated each January according to the Consumer Price Index (IPCA), the official index used for adjusting rental contracts as required by law.
The change will be made to the rental amount based on the previous month’s value and the percentage change in the IPCA over the preceding 12 months.
The renter must notify the tenant in writing of the new rental amount at least 30 days before the first re-adjusted rental expires.
If the IPCA is unavailable or unusable, the parties will agree on another index to adjust based on the cost of living variation.
Not complying with the renter’s readjustment clause does not mean giving up the right to request adjustments in future due dates. Charges may be applied retroactively to the period when adjustments should have been made.
Five. Caution deposit
The deposit of R $ 3,000.00 is kept as a guarantee for the tenant’s fulfillment of contractual duties, as required by Law No 8.245/1991.
The security deposit must be held in a designated bank account for the tenant’s benefit and cannot be used for rent or fees unless the tenant fails to meet their contractual obligations.
The tenant agrees to refund the deposit to the renter when the lease ends, after deducting any repair expenses based on the property’s condition, in compliance with Article 25 of Law No. 8.245/1991.
The tenant must return the property in the agreed condition to receive the deposit back; otherwise, damages or lack of maintenance could lead to withholding part or all of the deposit.
The tenant must inform the landlord of any necessary property repairs during the contract, and is responsible for minor maintenance and repairs as agreed upon.
The tenant has the right to conduct scheduled inspections of the property with advance notice to ensure its upkeep and maintenance.
Maintenance Responsibility
The tenant is required to perform minor maintenance and repairs on the property as outlined in Article 23, section V, of Law No. 8.245/1991.
Small maintenance includes tasks that can be done by the tenant without needing to hire specialized professionals, such as changing light bulbs, fixing faucets, maintaining locks, and making minor adjustments to doors and windows.
The tenant must inform the landlord of repairs beyond their ability to fix, and the landlord is responsible for those repairs, unless they are caused by the tenant’s misuse of the property.
The tenant agrees to keep the property in good condition by performing required maintenance to prevent damage, otherwise being liable for any resulting damages.
The tenant may face penalties for not meeting maintenance duties, as outlined in the contract and current laws.
Sublocation Prohibition is the seventh text.
Subletting the property, whether in whole or in part, is strictly prohibited without the prior written permission of the tenant, as outlined in Article 13 of Law No. 8,245/1991 (Tenant Law).
The permission for subletting must always be given in writing and can be withdrawn by the landlord at any time without entitling the tenant to any compensation.
The tenant must notify the landlord at least 30 days in advance if they intend to sublease the property, providing the sublease proposal and the sublessee’s information for approval.
Failure to adhere to the sublocation ban outlined in this clause could lead to the termination of the lease agreement, resulting in the forfeiture of the deposit and other penalties as prescribed by law.
The tenant agrees not to engage in any actions that could be considered subleasing, such as assigning the property’s use to others, or they will be liable for losses and damages as well as contract penalties.
Request for postponement of payment.
If the rent is paid late, the tenant will be charged a 10% penalty on the total rental amount specified in the contract.
The penalty will be based on the unpaid rent amount after the due date, starting from the day following the payment deadline.
The interest rate of 1% per month will be applied from the day after the due date until the payment is made, in accordance with Article 406 of the Brazilian Civil Code.
The delayed rental fee will be determined based on the Consumer Price Index (IPCA) from the due date to the actual payment date, as specified by the law in effect.
The tenant must still pay the full rent and other charges owed, even if penalties are applied.
Terminating early
If the tenant ends the contract early, they must pay the landlord a penalty equal to three months’ rent, based on the remaining contract period, as outlined in Law No 8.245/1991.
The penalty will be determined based on the current rent amount at the termination time, and the tenant must settle the penalty within 5 business days of receiving the termination notice.
The termination notice must be provided in writing at least 30 days in advance, unless there is a breach of contract by the tenant, in which case the termination can be immediate.
The tenant cannot request any form of reimbursement or reduction in the fine amount, which must be paid in full regardless of the reasons for the early termination.
The penalty for termination in this clause does not prevent the lessor from seeking compensation for any proven losses resulting from ending the contract early.
Visa regulations
The tenant can inspect the rental property to check its condition and ensure it meets the agreed-upon terms, with a written notice given at least 48 hours in advance.
The visa can be obtained on weekdays, during business hours, unless the parties agree otherwise, and must be done in the presence of the Renter or their legal representative, ensuring the right to be present during the process.
The landlord agrees to conduct the inspection in a way that minimizes disruption for the tenant, while also respecting their privacy and peace. The inspection results will be documented and signed by both parties.
If the Renter is not available during the visa appointment, they can complete the visa process in their absence. The outcome of the visa application will be shared with the Renter through a written document sent to the address provided by the Renter.
Failure to adhere to the advance notice requirement in this clause could increase the Renter’s responsibility for any damages incurred, in addition to other penalties outlined in the contract and relevant laws.
11. Away
The District Office of Beta City will be chosen to resolve any uncertainties or disagreements related to this contract, excluding any other options, as allowed by Article 63 of the Civil Procedure Code, as long as territorial limits are followed.
In case of disagreements, both parties must notify each other in writing within 10 days of receiving the notification, as stated in Article 5, section XXXII, of the Federal Constitution, which ensures the right to a fair defense and opposing arguments.
The parties agree that selecting the forum is intended to ensure quick and efficient conflict resolution, as outlined in Article 4 of the Civil Procedure Code, which emphasizes cooperation between the parties and the Judiciary for dispute resolution.
General Provisions
The parties acknowledge that they have read and understood all the terms of this contract and agree to adhere to them completely.
This agreement supersedes any prior oral or written agreements between the parties, and they recognize that there are no additional obligations or commitments not explicitly outlined in this document.
In case of any differences between this contract and prior agreements, the terms in this contract will take precedence.
The parties agree not to assert the existence of any agreements or understandings not officially recorded in this contract, and they give up any right to make such claims.
This agreement is considered final and cannot be changed unless required by law. Any modifications or additions must be documented in writing and signed by both parties.
The parties agree that by signing this contract, they fully accept all its terms and understand the rights and obligations outlined in Articles 421 and 422 of the Brazilian Civil Code.
13. Subscribing to services
This agreement is signed in two identical forms in the presence of two witnesses, who also sign it, to ensure its legal validity.
The parties confirm that they have read and comprehended all sections of this agreement and acknowledge their rights and responsibilities.
The witnesses, upon signing this agreement, confirm the validity of the parties’ signatures and the accuracy of the information provided, as outlined in Article 784, III of the Civil Procedure Code.
This agreement will be effective upon signing and the parties agree to follow all the terms outlined here, otherwise facing civil liability consequences according to Articles 389 and 395 of the Civil Code.
Any modification to this contract must be written and signed by both parties, following the principles of good faith and contractual autonomy as stated in the Civil Code.
Disputes arising from this contract will be resolved in the district where the property is located, as chosen by the parties in accordance with Article 63 of the Civil Procedure Code.
The parties agree with the provisions stated above and sign this document.
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