Question 1

What Is ITBI and Who Pays It?

Accepted Answer

In short: ITBI is the Real Estate Transfer Tax, charged by the city government at the time a property is purchased. In Florianópolis, the rate is 2% of the transaction value, and payment is the buyer's responsibility. What ITBI Is ITBI (Imposto sobre Transmissão de Bens Imóveis, or Real Estate Transfer Tax) is a municipal tax charged every time a property changes ownership. It is provided for in Article 156 of the Federal Constitution and regulated by each municipality. In Florianópolis, Municipal Complementary Law No. 007/97 and its subsequent updates set the applicable rates and exemptions. Who Pays ITBI Payment is always the buyer's responsibility. This obligation cannot be transferred to the seller by agreement — any clause to that effect has no legal validity. The tax must be paid before the property is registered at the Real Estate Registry Office (Cartório de Registro de Imóveis), within the standard 30-day period after the city issues the payment form. How It Works in Practice in Florianópolis After signing the purchase and sale deed, the buyer requests the ITBI payment form from the Florianópolis City Hall (Prefeitura Municipal de Florianópolis, PMF). The tax base is the higher of the transaction's declared value or the property's assessed value (valor venal). Starting in 2026, the Superior Court of Justice (STJ, Theme 1113) ruled that the city cannot automatically apply its own reference value — the taxpayer declares the market value, and the PMF must open an administrative proceeding to challenge it. The standard rate is 2%. For properties financed through the Housing Finance System (Sistema Financeiro da Habitação, SFH), the rate drops to 0.5% on the financed amount, up to a limit of R$ 226,007.12. Proof of ITBI payment is required by the registry office before the transfer can be recorded. Practical Example in Florianópolis A property purchased for R$ 600,000 in the Trindade neighborhood, with no financing: ITBI = 2% × R$ 600,000 = R$ 1

Question 2

What documents are required to rent a property?

Accepted Answer

Short answer: To rent a property through Regente Imóveis, you'll need personal documents, proof of income, and documentation for whichever guarantee you choose. Once submitted, the process from approval to key pickup takes around 5 business days — and the entire signing process is digital, with no need to visit a notary office. Required documents Personal documents: ID card (RG) or driver's license (CNH), CPF (tax ID), and proof of current address (no more than 90 days old). Proof of income: Salaried employees (CLT): the last three pay stubs and work record booklet (carteira de trabalho) Self-employed/small business owner (MEI): bank statements from the last three months or an income declaration with a DECORE (accountant-issued income certificate) Retiree: INSS (Brazil's social security) benefit statement Business entity: articles of incorporation, CNPJ (business tax ID), and proof of revenue Chosen guarantee: security deposit insurance, capitalization bond, CredPago, or guarantor. Each option has its own documentation. Regente does not accept a plain cash security deposit (caução). What happens after you submit the documents Thorough review: Regente's review goes beyond financial capacity — it also assesses the applicant's profile as a tenant. For guarantees involving third-party guarantors (security deposit insurance, CredPago, Garantia Total), the guarantor company runs its own independent review. Typical minimum income required: 3 times the rent plus expenses. Result: you'll be notified whether you were approved or declined. The reason for a decline isn't disclosed. Move-in inspection: once approved, the move-in inspection is scheduled — carried out by a specialized third-party company, with a photographic and descriptive report. It happens before the keys are handed over. You can and should attend. Drafting the contract: the contract is drafted in the days following the inspection. It's not done the same day as the inspection. The process from approval

Question 3

Who pays for maintenance on a rented property: landlord or tenant?

Accepted Answer

Short answer: The general rule is simple — the owner is responsible for structural and pre-existing issues; the tenant is responsible for damage caused by use or negligence. Normal wear and tear over time isn't anyone's responsibility: it's simply an inherent cost of owning property. What the law says The Tenancy Law (Law 8.245/91) draws a clear line between the two parties' obligations: Art. 22: the landlord must deliver the property in usable condition, is liable for defects that predate the lease, and must handle urgent repairs. Art. 23: the tenant must take good care of the property, return it in the condition received (except for normal wear and tear), and immediately repair any damage they themselves cause. What is the owner's responsibility Structural issues: roof, slab, waterproofing, foundations Embedded electrical and plumbing systems (inside walls and slabs) Defects that already existed before the lease — even if they only show up later Leaks of structural origin: damaged roofing, worn gutters, poor waterproofing Pre-existing pests (termites in old woodwork, for example) Accumulated normal wear: paint fading over the years, grout loosening over time What is the tenant's responsibility Everyday upkeep: replacing lightbulbs, cleaning A/C filters, sealing faucets, tightening hinges Damage from misuse: broken glass, walls with excessive holes, flooring scratched from dragging heavy furniture Clogged drains and traps from debris built up through use A leak caused by a window left open during heavy rain Pests that appear during the lease due to lack of care (moisture buildup, insufficient ventilation) Normal wear and tear is never charged If laminate flooring is slightly scratched after three years of normal use, or paint has darkened near ventilation edges — that's wear, not damage. The law protects the tenant in these cases. What distinguishes wear from damage is the move-in inspection report: if the item was noted as being in good condition and comes b

Question 4

What documents are required to buy a property?

Accepted Answer

Short answer: To buy a property you'll need personal documents, the property's documents, and negative certificates for the seller. The list varies depending on whether you're paying in cash or financing, but the core requirements are always the same. Buyer's documents ID (RG) and CPF (or driver's license, CNH) Updated marital status certificate (birth, marriage, or common-law partnership deed) Recent proof of address Proof of income (pay stubs, income tax return, or bank statements) If married: spouse's documents and, if applicable, a prenuptial agreement For bank financing, the bank may require additional documents: FGTS (Brazil's severance indemnity fund) statement, work record booklet, full income tax return, and proof of income for recent months. Property documents Updated title certificate (matrícula) — issued by the Real Estate Registry Office; shows the ownership history and any liens on the property Paid-up property tax (IPTU) — municipal debt clearance certificate Occupancy permit (habite-se) — required for any built property; confirms the construction was approved by the city Approved floor plan — for built properties, confirms compliance with the Urban Planning Department Certificate of encumbrances (ônus reais) — confirms the property isn't mortgaged or under lien Seller's certificates (individual) Federal tax clearance certificate (Receita Federal, Brazil's federal tax authority) State tax clearance certificate Clearance certificate for federal and state court cases Clearance certificate for protested debts Labor debt clearance certificate Certificates specific to Santa Catarina / Florianópolis In Florianópolis, since it's an island with a history of federal land holdings, the notary office may require: SPU certificate (Secretariat of Union Assets) — confirms the property isn't part of federal land holdings Municipal SEF certificate — confirms the property isn't part of municipal public land Environmental assessment (FATMA or the rele

Question 5

What is a guarantor, and what are the alternatives to renting without one?

Accepted Answer

Short answer: A guarantor is one of the accepted forms of lease security, but not the only one. Regente accepts four options: guarantor, security deposit insurance, capitalization bond, and CredPago — and only one can be used per contract. What a lease guarantee is A lease guarantee is required by the owner to cover potential non-payment. The Tenancy Law (Law 8.245/91, art. 37) lists the legal options and establishes that only one guarantee is allowed per contract — you can't combine a guarantor with security deposit insurance, for example. How it works in practice Guarantor: an individual who owns property free and clear and takes on the debt if the tenant fails to pay. No direct cost to the tenant, but it requires the guarantor's full documentation and a credit check. An updated property title certificate (matrícula, no more than 30 days old) is mandatory. Security deposit insurance (seguro fiança): arranged with a partner insurer. Estimated annual cost between 8% and 12% of the rent. No guarantor needed. Approval follows the insurer's own criteria. Capitalization bond (título de capitalização): a deposit equal to 3 to 6 months' rent placed into a financial bond. The amount is locked for the duration of the lease and returned at the end, with potential for a small return. CredPago: fast digital approval through a simplified credit check. Cost of roughly 7% to 10% of the rent, included in the monthly invoice. Good for tenants who want speed without a guarantor. Formalization: once you choose an option, the documentation is gathered, Tatiane completes the credit check, and the contract is sent for digital signature. Practical example in Florianópolis A teacher relocating to Florianópolis wants to rent in Córrego Grande (R$ 2,500/month) without a local guarantor. She compared security deposit insurance (~R$ 200–250/month) and CredPago (~R$ 175–250/month, approval in 24 hours). She chose CredPago for the speed: the contract was signed digitally and the

Question 6

Water leaks in a rented property: whose responsibility is it?

Accepted Answer

Short answer: A leak of structural origin is the owner's responsibility. If it was caused by the tenant's misuse, it's the tenant's responsibility. The move-in inspection report is the most important piece of evidence for determining who pays — and timing matters: if the owner doesn't act within 30 days, the tenant can terminate the lease without penalty. When the owner is responsible The Tenancy Law (art. 22) requires the landlord to be liable for defects that predate the lease and to keep the property in usable condition. A leak is the owner's responsibility when it: Comes from the roof, slab, or covering due to structural issues Results from poor or faulty waterproofing Comes from gutters and flashing damaged over time Is caused by embedded plumbing (inside the walls) that's worn or ruptured Was already noted or implied in the move-in inspection report Comes from the building's common areas (the condo association's responsibility) When the tenant is responsible The tenant is liable for damage they themselves cause. A leak is the tenant's responsibility when it: Was caused by a window or door left open during heavy rain Results from a drain or internal gutter clogged by debris from use Came from a leaking bathtub, aquarium, or appliance used by the tenant Resulted from a modification made by the tenant without the owner's authorization When it comes from a neighbor or the condo association In apartment buildings, leaks coming from the unit above or from common areas are the responsibility of the neighbor who caused it or the condo association. In these cases, Regente advises the tenant to notify the building manager (síndico) and, if necessary, the owner, so they can involve insurance or the condo association. What to do right away Document everything: dated photos and videos of the visible problem. Open a request: notify Regente immediately — in writing (WhatsApp or email). Don't repair it yourself before an assessment, except in an emergency. In those cases

Question 7

What&#8217;s the difference between a deed and a purchase and sale agreement?

Accepted Answer

Short answer: The purchase and sale agreement formalizes the deal between the parties, but it doesn't transfer ownership. The public deed is the document executed at a notary office that, once registered at the Real Estate Registry Office, legally transfers the property into the buyer's name. What the purchase and sale agreement is The purchase and sale agreement (or promessa de compra e venda) is the first document signed between buyer and seller. It records the agreed price, payment method, timelines, and terms of the transaction. It's a two-way commitment — both parties are bound to follow through on what was agreed. Important: the purchase and sale agreement does not transfer ownership of the property. You can have a signed contract and still not be the legal owner. What the public deed is The purchase and sale deed is a document executed by a notary (cartório). It formalizes the transfer of ownership publicly and with notarial authority. For properties valued above 30 times the minimum wage, a public deed is legally required (art. 108 of the Civil Code). But note: the deed alone doesn't make you the owner either. The final step is registering the deed at the Real Estate Registry Office. Only after registration does the property legally pass into your name. Step-by-step path to ownership transfer Negotiation and signing of the purchase and sale agreement Payment of the earnest money deposit (arras), if agreed Execution of the public deed at the notary office Payment of ITBI (the real estate transfer tax) to the city Registration of the deed at the Real Estate Registry Office Issuance of a new title certificate (matrícula) in your name — you are now the owner Practical example in Florianópolis A buyer signs a purchase and sale agreement for an apartment in Trindade in January and pays a 20% deposit. The deed is executed in March, after financing approval. Registration happens in April. From registration onward, the property's title certificate lists the bu

Question 8

How does the annual rent adjustment work?

Accepted Answer

Short answer: The annual adjustment can only be applied after 12 months of the lease and uses the index defined in the contract — usually IGP-M or IPCA (Brazilian inflation indices). In 2025, cumulative IGP-M was -1.05% (deflation), while IPCA came in at roughly 4.46%. What the annual rent adjustment is The adjustment is the legal mechanism that updates the rent for inflation, provided for in the Tenancy Law (Law 8.245/91, art. 18). After 12 months, the rent can be adjusted using the index agreed to in the contract. The index cannot be changed unilaterally during the lease term. The two most commonly used indices in Florianópolis: IGP-M (FGV): tracks wholesale, retail, and construction prices. More volatile — 2025 cumulative: -1.05% (deflation). IPCA (IBGE): measures consumer inflation. More stable — 2025 cumulative: ~4.46%. Trending upward in new contracts. How it works in practice Check the index in the contract: the adjustment clause states which index applies and the reference period (usually the 12 months ending the month before the anniversary). Calculate it: New rent = current rent × (1 + index variation). Example: R$ 2,000 × (1 + 4.46%) = R$ 2,089.20. Automatic update: Regente updates the invoice on the contract's anniversary date. Negative IGP-M: when the index is deflationary, the rent cannot be adjusted upward using that index — it either stays the same or a 0% adjustment applies, depending on the contract's wording. Questions: contact Regente's finance department before the anniversary date. Practical example in Florianópolis A lease that started in April 2024, with rent of R$ 2,000, using the IPCA index. Cumulative IPCA from April 2024 to March 2025: ~5.48% (IBGE). New rent in April 2025: R$ 2,109.60. If it had used IGP-M (-1.05%) instead: rent stays at R$ 2,000 — no adjustment, since the index was negative. Related questions What documents are required to rent a property? What is a guarantor, and what are the alternatives to renting witho

Question 9

What is an occupancy permit (habite-se), and when is it required?

Accepted Answer

Short answer: The habite-se is the document issued by the city government certifying that a building was constructed according to the approved plans and is fit for occupancy. It's required for any built property, and its absence signals an irregularity. What the habite-se is The habite-se (Certificate of Completion) is issued by the municipal government after a technical inspection confirming the construction followed the approved plans and complies with the building code. In Florianópolis, it's issued by the City of Florianópolis (PMF) upon request from the project's technical lead. Without a habite-se, the property is considered irregular in the eyes of the city — even if it's in good physical condition. When it's required The habite-se is required for every built property: houses, apartments, commercial units, and warehouses. It doesn't apply to vacant land. It's required at two key moments: At purchase: the Real Estate Registry Office requires the habite-se to register the deed for a new property. For bank financing: banks require the habite-se as a condition for releasing the loan. How it works in practice in Florianópolis The project's technical lead (an engineer or architect) requests the habite-se from the city (PMF) once construction is complete. The city conducts an inspection to verify the construction matches the approved plans. Once the inspection is approved, the city issues the Certificate of Completion. The habite-se must be recorded on the property's title certificate (matrícula) at the Real Estate Registry Office. Buying a pre-owned property without a habite-se — what to do? It's possible to buy a property without a habite-se, but there are risks: difficulty getting financing, inability to register the deed in certain situations, and the risk of a stop-work order or fine from the city. Before closing on a property in this situation, assess the cost and timeline for regularizing it with a qualified professional. At Regente, the agent advises

Question 10

What is the move-in/move-out inspection, and why does it matter?

Accepted Answer

Short answer: The inspection records the property's condition at the start and end of the lease. It's what determines whether there's damage to repair and who pays for it — the tenant or the owner. Without a documented inspection, any dispute at move-out has no objective basis. What a lease inspection is The inspection is the technical report that describes the property's condition: walls, floors, ceilings, electrical and plumbing systems, doors and windows, fixtures, and paint. Indirectly required by the Tenancy Law (arts. 22 and 23), it establishes that the tenant must return the property in the same condition it was received, except for normal wear and tear from use. At Regente, the inspection is handled differently at each stage: Move-in inspection: a specialized third-party company — a photographic and descriptive report, ensuring impartiality in the initial record. Move-out inspection: Leonardo, from the in-house team, comparing directly against the move-in report. How it works in practice Move-in inspection (before the keys): the inspection happens before the keys are handed over. The report is photographic and descriptive — it documents every room in detail. The tenant can and should attend. Digital signature of the report: after the inspection, the report is sent digitally. Keep a copy — it's your main line of defense at move-out. Handover of the keys: once the report and the lease are signed, the keys are handed over along with Regente Imóveis's Tenant Handbook — provided in print and sent by email. Disputing the inspection (3-calendar-day window): once you have the keys, you have 3 calendar days to dispute any point in the move-in report. The dispute is submitted by email, with photos and a clear description of the discrepancy from what was recorded. Don't let it slide — pre-existing flaws need to be listed in the report so they aren't charged to you at move-out. During the lease: damage caused by the tenant is their responsibility. Structura

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What ITBI Is

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Normal wear and tear is never charged

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What about bank financing?

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