What happens if the tenant doesn’t pay rent?

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.