Can I dispute the move-out inspection report?

Short answer: Yes, you can — and should — dispute the move-out inspection if you disagree with what was recorded. Do it in writing, with photos and cross-references to the move-in report. Normal wear and tear is never the tenant’s responsibility, and any clause requiring repainting before move-out is void by law.

What the move-out inspection is and how it works at Regente

The move-out inspection is the report that compares the property’s current condition against the condition documented at move-in. At Regente, it’s carried out by Leonardo — the in-house inspector — with direct reference to the move-in report produced by a third-party company.

The tenant has the right to attend the inspection in person. An inspection carried out without the tenant’s presence or agreement has no legal validity (art. 23, Law 8.245/91). If you can’t attend, notify Regente in advance to reschedule.

What you can dispute

• Items already damaged at move-in: if something is listed in the move-in report as a pre-existing issue, it cannot be charged at move-out.
• Normal wear from use: slightly faded paint after 3 years of use, surface scratches on laminate flooring, a faucet seal that wore out over time — none of these are the tenant’s responsibility.
• Mandatory repainting clause: any clause requiring the property to be repainted before it’s returned is void as a matter of law (art. 45, Law 8.245/91), unless the paint was damaged by the tenant’s abnormal use.
• Disproportionate repair estimate: if the repair quote presented is clearly above market rate, you can request an alternative quote.

How to formally dispute it

1. In writing: email or a formal document addressed to Regente. Don’t accept a verbal dispute.
2. With evidence: dated photos and videos of the disputed item. Reference the move-in report: item X was already listed as [condition] in the move-in report from [date].
3. Within the timeframe: the law doesn’t set a fixed deadline, but standard market practice is 2 to 5 business days after signing the move-out report. The sooner, the better.
4. Be specific: dispute item by item, not the report as a whole. Generic disputes carry less weight.

What if the dispute isn’t accepted?

If disagreement persists after the dispute, Regente’s Leasing Coordinator (Cyro) mediates between the parties. In cases without an agreement, going to court is an option — Brazil’s Small Claims Courts (Juizados Especiais Cíveis) are accessible without requiring a lawyer. The move-in report, photographs, and your written dispute are your main evidence.

What the tenant is actually responsible for repairing

The tenant is only responsible for damage they caused beyond normal wear:

• Broken glass
• Walls with excessive holes or damage from improper mounting
• Flooring chipped by a heavy object being dropped
• Paint stains or mold caused by the tenant’s insufficient ventilation
• Damage to fixtures from improper use

Practical example

A tenant returned an apartment in downtown Florianópolis (Centro) after 4 years. The move-out report called for a full repaint — but the move-in report had noted recent paint in good condition. The tenant disputed it: four years of use produces normal wear, not damage. The dispute was accepted by Regente after comparing both reports. The paint was classified as normal wear — no charge.

Related questions

• Who pays for maintenance on a rented property: landlord or tenant?
• How do I open a maintenance request at Regente?
• What is the move-in/move-out inspection, and why does it matter?

Disagreed with the move-out report? Talk to Regente before signing anything.