Can I ask for my property back before the lease ends?

In short: During an active lease, a landlord can only reclaim the property in specific situations set out in Brazil’s Tenancy Law. Outside of those cases, the tenant has the right to stay until the term ends — and reclaiming the property without legal grounds can expose the landlord to a damages claim from the tenant.

When a landlord can reclaim the property

Law 8,245/91 (Art. 47) lists the permitted grounds:

1. End of a fixed-term lease

Fixed-term leases (e.g., 12 or 30 months): at expiration, the landlord may choose not to renew. The tenant has 30 days to vacate after being notified. If the landlord doesn’t give notice within 30 days of the expiration date, the lease becomes indefinite and the rules change.

2. Tenant default

Failure to pay rent or charges authorizes an eviction lawsuit — with the possibility of an injunction (liminar) within 15 days (Art. 59, §1).

3. Personal use or use by a first-degree relative

The landlord may reclaim the property for their own use, or for a spouse’s or child’s use. This requires 30 days’ notice after the lease term ends. Important: this is not possible during an active lease — only after expiration.

4. Demolition or renovation under permit

If the city has issued a permit authorizing demolition or renovation that requires vacating the property, the landlord can reclaim it by presenting that document.

5. Mutual agreement with the tenant (early termination agreement)

If the landlord and tenant reach an agreement, they formalize an early termination agreement (distrato) — a friendly termination with an agreed date and terms. This is the fastest, conflict-free route.

What a landlord CANNOT do

• Reclaim the property during an active lease without legal grounds
• Cut off water, electricity, or other services to force the tenant out
• Enter the property without the tenant’s authorization
• Threaten or pressure the tenant

These actions are illegal and can result in the landlord owing the tenant damages for moral and material harm.

Penalty for early termination by the landlord

If the landlord terminates the lease without legal grounds before the term ends, they must compensate the tenant for the resulting losses — including moving costs and any rent difference at another property. The lease may set a specific penalty for this scenario.

Related questions

• What happens if the tenant doesn’t pay rent?
• What are the landlord’s responsibilities under a lease agreement?
• How does the annual rent adjustment work?
• Can I sell my property while it’s rented?

Need guidance on how to proceed with your lease? Talk to Regente.