The first month without payment always seems like an exception. “Something unexpected came up, I’ll pay next week.” In most cases, the following week resolves it. But when it doesn’t, the property owner finds themselves in a process that few anticipated — and that most don’t know exactly how to handle.
Understanding what to do when a tenant doesn’t pay — and what you could have done before to avoid reaching that point — is worth more than any contract clause you’ll never need to invoke.
First month of delinquency: what to do
When rent doesn’t arrive on the due date, the first step is extrajudicial notice. It can be sent by letter with return receipt, notary public, or any method that proves receipt by the recipient.
Formal notice serves to:
– Document that the landlord communicated the debt
– Start the countdown for the next steps
– Demonstrate good faith before taking legal action
The tenant has a deadline to pay the debt plus a penalty (usually 10% of the monthly rent) and interest (1% per month). If they pay, the contract continues.
Attention: accepting any partial payment without reserving that the total debt persists can be interpreted as agreed partial settlement — complicating the subsequent legal action. If you accept partial payment, document in writing that the remaining balance is still due.
Eviction action for nonpayment
If the tenant doesn’t pay after notice, legal action is the path forward. In Brazil, the procedure is eviction action for nonpayment of rent, governed by the Tenant Law (Law no. 8,245/1991).
The process works like this:
1. Filing the action. The property owner (or management company) hires an attorney and files the action. It’s possible to include in the same action a demand for collection of overdue amounts.
2. Service of summons on the tenant. The tenant is served and has 15 days to pay the full debt (rent plus charges plus attorney fees) or contest the action.
3. Purging the default. If the tenant pays everything within the deadline, the action is dismissed and the contract continues. This can happen once — if it happens again on the same contract, purging the default is no longer allowed.
4. Judgment and eviction. If the tenant doesn’t pay and doesn’t successfully contest, the judge orders eviction. A court officer executes the vacation.
How long does it take?
In Florianópolis, the eviction process for nonpayment with an uncontesting tenant can take 4 to 12 months. With contest and appeals, it can exceed 18 months.
During all that time, a property owner without adequate guarantee receives no rent.
The role of the guarantee when the tenant doesn’t pay
The contractual guarantee determines what happens during the process. The differences are significant:
With a cosigner: it’s necessary to include the cosigner in the legal action so they respond for the debt. The process of locating, serving, and executing against the cosigner adds time and complexity.
With rental insurance: the insurance company is activated per the policy terms. There’s an analysis period, required documentation, and coverage limited to the policy term.
With a security deposit: the property owner can use the deposit to cover part of the debt — but the amount is limited to 3 times the rent, and rarely covers the full delinquency period plus attorney fees.
With Regente’s Total Guarantee: rent arrives for the property owner on the agreed date, every month, regardless of what’s happening with the tenant. Regente assumes the collection relationship and, if necessary, the legal process. The property owner doesn’t participate in the operational problem — they only receive the report.
How to prevent it: credit analysis
Delinquency is rarely an absolute surprise for those who conduct serious credit analysis. Applicants with active debt history, income incompatible with the rent, or history of problematic rentals have an identifiable profile before contract signing.
Professional credit analysis includes:
- Inquiry in credit bureaus (Serasa, SPC, and Boa Vista)
- Verification of compatible income (benchmark: rent should not exceed 30% of gross income)
- Review of prior rental history when available
- Analysis of the guarantee offered
Property owners who rush the analysis to “close quickly” often discover, six months later, why the applicant accepted so readily.
Regente doesn’t approve to close fast — we approve for the contract to last. The analysis process is conducted with criteria and without time pressure, because the cost of a delinquent tenant is always higher than the cost of a vacancy that takes a little longer.
To understand how the complete process works — from credit analysis to rent transfer — the guide on professional rental management details each step.
Talk to Regente about managing your property →
Sources: Law no. 8,245/1991 — Tenant Law, articles 59–66 (Planalto.gov.br); operational data Regente Imóveis (2026).
