Rental: Landlord

In short: The landlord has legal obligations under Brazil’s Tenancy Law (Lei do Inquilinato, Law 8,245/91) that go beyond simply collecting rent — delivering the property in usable condition, paying extraordinary condo fees, making structural repairs, and guaranteeing peaceful use are the main ones.

Legal obligations of the landlord (Law 8,245/91, Art. 22)

Delivering the property in usable condition (Art. 22, I)

The landlord must deliver the property clean, in good condition, with all equipment and fixtures working (electrical, plumbing, doors, windows, locks). Regente’s move-in inspection report documents this condition.

Guarantee of peaceful use (Art. 22, II)

The landlord cannot disturb the tenant, enter the property without authorization, or try to force the tenant out through illegal means. The lease guarantees the tenant peace and quiet for the duration of the contract.

Structural repairs (Art. 22, III)

Problems that don’t result from the tenant’s normal use are the landlord’s responsibility:

• Water infiltration originating in the building structure (slab, exterior walls, terrace)
• Structural electrical and plumbing problems (embedded pipes, building wiring)
• Termites and pests in the building’s wooden structure
• Construction defects — even if they surface after years of use

Extraordinary condo fees (Art. 22, X)

The landlord pays for structural work, installation of new equipment, and the reserve fund. See: What is an extraordinary condo fee.

Fire insurance (Art. 22, XI)

Originally the landlord’s obligation — it can be transferred to the tenant by contract clause. At Regente, this is arranged when the lease is formalized.

What is the tenant’s responsibility (not the landlord’s)

• Upkeep of the property during the lease (Art. 23, II)
• Repairs for damage caused by misuse (burnt-out lightbulbs, worn faucets from use, small everyday repairs)
• Regular (ordinary) condo fees (Art. 23, XII)
• Returning the property in the condition it was received, except for normal wear and tear

How Regente protects the landlord

• Move-in inspection report: documents the property’s condition before handover — the baseline for assessing damage at move-out
• Request triage: the team determines whether a repair is the landlord’s or the tenant’s responsibility before taking any action
• Well-drafted contracts: clear clauses on the division of responsibilities prevent disputes
• Move-out inspection: compared against the move-in report — damage that’s the tenant’s responsibility is charged against the security deposit/guarantee

Related questions

• Who pays for maintenance on a rental property: landlord or tenant?
• What is an extraordinary condo fee, and who pays it?
• Can I ask for my property back before the lease ends?
• What’s included in Regente’s rental management service?

Have a question about a specific situation with your property? Talk to Regente.

In short: The payout is made by Regente after the rent is received from the tenant, with the management fee deducted. The landlord receives the net amount in the designated bank account, along with a monthly statement. The exact timing is set in the property management agreement — check with the team.

How the payout process works

1. The tenant pays rent to Regente on the contractual due date
2. Regente deducts the management fee
3. The net amount is transferred to the landlord’s registered bank account
4. The landlord receives a statement itemizing: gross rent, fee deducted, and amount transferred

Payout timing

Timing is set out in the property management agreement. Common models in the market:

• Same-day payout: after the tenant’s payment is confirmed
• Payout on D+1 or D+2: after the due date, regardless of whether the tenant has actually paid (an advance-payment model)
• Fixed monthly payout date: e.g., the 10th of every month, consolidating the previous month

Confirm the model Regente uses in your management agreement or with the team.

What if the tenant is late?

It depends on the management agreement:

• No advance payment: the payout to the landlord waits until the tenant actually pays. Regente pursues collection and, if necessary, calls on the rental guarantee.
• With advance payment (some models): the agency pays the landlord even if the tenant is late, and takes on collecting the debt itself

Check which model applies to your agreement with Regente.

What the payout statement includes

• Reference period (month/year)
• Gross rent amount received
• Management fee deducted
• Any additional deductions (property tax/IPTU, condo fees paid by Regente on the landlord’s behalf)
• Net amount transferred
• Payout date

Keep every statement — you’ll need them for your income tax return.

Related questions

• How does Regente select the ideal tenant?
• What happens if the tenant doesn’t pay rent?
• How much does a real estate agency charge to manage my property?
• How do I report rental income on my tax return?

Have a question about the payout for your property? Talk to Regente.

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.

In short: Regente takes over collection from the very first day of a late payment — the landlord doesn’t need to contact the tenant directly. The process runs from friendly collection through calling on the rental guarantee and, if necessary, an eviction lawsuit, which can result in an injunction (liminar) within as little as 15 days.

What Regente does when rent is late

1. Immediate notice: the tenant is notified on day one of the delay (WhatsApp, email, and phone call)
2. Friendly collection: negotiating a deadline or installment plan for the debt (penalty + contractual interest)
3. Calling on the guarantee: if the delay continues, the guarantee is triggered — the insurer pays the landlord, the guarantor is notified, or CredPago covers the debt
4. Formal notice (extrajudicial): a formal notice with a payment deadline before any legal action is taken
5. Eviction lawsuit: if the tenant still doesn’t settle, Regente refers the case to a partner attorney — an eviction lawsuit for non-payment, with a request for an injunction

Late penalty and interest

Regente’s standard lease provides for:

• Late penalty: 10% of the overdue rent amount
• Interest: 1% per month on the outstanding balance
• Monetary adjustment: per the index set in the contract (IGP-M or IPCA)

Eviction lawsuit — legal timeline

Under Law 8,245/91 (Art. 59, §1), a judge can grant an eviction injunction within as little as 15 days when there is:

• Failure to pay rent and charges
• No rental guarantee in place (or an insufficient one)

After the injunction, the tenant has a set period to vacate the property. The landlord can regain possession without having to wait years.

Does the landlord need to do anything?

Not at Regente. The team manages the entire process — from the initial collection effort through to legal referral. The landlord is kept informed of progress and needs to approve any agreement that departs from the standard contract terms.

How to protect yourself in advance

• Choose a solid guarantee — lease-guarantee insurance (seguro fiança) or CredPago have more predictable coverage than a personal guarantor (fiador)
• Confirm that the tenant screening was rigorous (verified income + clean credit history)
• Favor contracts with clearly defined penalty and interest clauses

Related questions

• How does Regente select the ideal tenant?
• When and how do I receive my rent payout?
• Can I ask for my property back before the lease ends?
• What is a guarantor (fiador), and what are the alternatives?

Dealing with a tenant in default? Regente takes over managing that process.

In short: Regente conducts a rigorous screening of every applicant — not just a financial check. Beyond a credit bureau (SPC/Serasa) check and income verification, guarantee providers run their own independent evaluation where applicable. The goal is to protect the landlord’s asset with a strict, impartial process.

Screening steps

1. Application form: the applicant fills out a form with personal and professional details, income, and rental history.
2. SPC/Serasa credit check: a check for financial restrictions — applicants with significant active debt are not approved.
3. Rigorous income and profile review: the assessment goes beyond ability to pay — it considers job stability, rental history, and overall fit with the property. Minimum expected income: 3 times the rent plus charges.
4. Guarantee evaluation: lease-guarantee insurance, CredPago, a capitalization bond, or a personal guarantor (fiador) — each option has its own criteria. For guarantees involving a guarantee company (lease-guarantee insurance, CredPago, Garantia Total), that company runs its own independent review separate from Regente’s. Its approval is a condition for moving forward.
5. Final decision: the approved applicant is presented to the landlord — who may be consulted before the lease is signed.

What Regente checks on the applicant

• Credit history (SPC/Serasa)
• Verified income (pay stubs, bank statements, tax return)
• Job stability (employment relationship, time at the company or in the activity)
• References from previous rentals (when available)
• Fit of the guarantee offered

Does the landlord take part in the selection?

Yes, in specific cases — when there’s more than one approved applicant, when the landlord asked to be consulted, or when the proposed terms differ from the standard contract. For clearly suitable applicants with no red flags, Regente’s team runs the process independently to speed up leasing and reduce vacancy.

What if the applicant isn’t approved?

Regente informs the applicant of the rejection and continues marketing the property. The reason for rejection is not disclosed — the agency keeps its internal screening criteria and the guarantee providers’ criteria confidential. The landlord never needs direct contact with rejected applicants.

Example from Florianópolis

A landlord with an apartment in Córrego Grande received 4 applicants in 10 days of marketing. Two were rejected during screening (a Serasa restriction in one case, rejection by the guarantee provider in the other). One approved applicant chose another property instead. The fourth applicant — a federal civil servant earning R$8,200 with CredPago approved — signed the lease that same week. The landlord didn’t need to attend a single meeting.

Related questions

• When and how do I receive my rent payout?
• What happens if the tenant doesn’t pay rent?
• What are the landlord’s responsibilities under a lease agreement?
• What is a guarantor, and what are the alternatives to renting without one?

Want to rent out your property with confidence? Talk to Regente.