What are the landlord’s responsibilities under a lease agreement?

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.