The Tenant Protection Law (Law No. 8.245/1991) provides four types of rental guarantees. Each one protects the property owner in a different way — and none protects against everything.
Understanding the differences before signing the contract prevents surprises that arrive months later, usually when the tenant has already stopped paying.
Guarantor: the most common guarantee and the slowest
A guarantor is a natural person who assumes responsibility for the tenant’s obligations if the tenant fails to pay. It is the most widely used method in the market.
What it protects: The guarantor is liable for the tenant’s debt — past-due rent, unpaid charges, and any potential damage to the property.
The problem: calling the guarantor into action is a judicial process. When the tenant stops paying, the property owner must notify, wait for the deadline, file an eviction action, and summon the guarantor. The entire process can take 6 to 18 months — and during that time the property owner receives nothing.
There is another complication: the guarantor can become invalid over the course of the contract. If they sell the property they pledged as collateral, lose financial capacity, or ask to be released from the guarantee, the guarantee ceases to exist — and the property owner often only discovers this when they need to enforce it.
Who pays the cost: the guarantor does not charge the tenant directly, but requires personal trust between the parties — which limits the pool of candidates.
Security Deposit: offers limited protection and is restricted by law
A security deposit is a cash deposit made by the tenant at the start of the contract. It must be deposited in a savings account in the tenant’s name.
What it protects: covers short delays and minor damage to the property within the legal limit.
The legal limit: article 38 of the Tenant Protection Law caps the security deposit at a maximum of 3 times the monthly rent. For a R$ 3,000 rent, the limit is R$ 9,000.
Why this amount is not sufficient: in an eviction case for non-payment, R$ 9,000 does not cover attorney’s fees for a basic lawsuit — which typically range from R$ 3,000 to R$ 8,000. Nothing is left to cover the months without rent while the process proceeds, damage to the property, and unpaid bills (HOA fees, property tax).
This is why Regente Imóveis does not work with security deposits. The legal limit makes this option inadequate to protect the property owner’s assets in any prolonged default scenario.
Surety Bond: real coverage, but with deductibles and terms
A surety bond is a policy contracted by the tenant with an insurance company. In case of default, the insurance company pays the property owner and collects from the tenant later.
What it protects: rent and charges provided in the policy, for a set period.
The limitations:
– Coverage is limited to the policy term — typically 12 months renewable
– Some policies have deductibles and waiting periods
– Claiming requires documentation and may have an analysis deadline
– If the insurance company faces financial problems, the property owner is exposed
For the tenant, the cost is typically a premium equivalent to 1 to 1.5 times the monthly rent per year — paid throughout the contract, with no refund at the end.
Capitalization Bond: works like a security deposit with return
A capitalization bond works similarly to a security deposit: the tenant deposits an amount equivalent to several months of rent, which is held by the insurance company. At the end of the contract, if there are no debts, the amount is returned with adjustment.
What it protects: the same as a security deposit — short delays and limited damage to the property value of the bond.
The difference from a security deposit: the tenant can withdraw the funds when moving out, which makes this option more attractive to the tenant. For the property owner, the level of protection is equivalent to a security deposit — limited.
Total Guarantee from Regente: what no other method offers
Total Guarantee is not one of the four methods above. It is Regente Imóveis’ own product, which operates alongside the lease contract and eliminates the property owner’s main risk: not receiving payment.
What it guarantees:
On-time rent payment — always. Regardless of whether the tenant pays or not, regardless of any legal proceedings, rent arrives to the property owner on the contracted date. No deductible, no waiting period, no limit on covered months. The contract lasts 3 years with the tenant late 6 times — all 6 times arrive on time.
Full coverage during the eviction process. If a lawsuit becomes necessary, the property owner continues to receive during all months the process takes — 6 months, 12 months, 18 months. Regente pays.
Painting at the end of the lease. Regardless of the condition in which the property is returned — within normal wear and tear limits — the property receives a fresh coat of paint at the end of the contract.
Payment of property tax and HOA fees. Even if the tenant stops paying the property’s expenses, Regente Imóveis guarantees that these bills are paid, preventing the debt from falling on the property or the property owner.
Direct comparison
| Method | Who Pays | Maximum Coverage | Judicial Process | Month Limit |
|---|---|---|---|---|
| Guarantor | Tenant | Unlimited in theory | Required | Duration of process |
| Security Deposit | Tenant | 3x rent | No | Does not cover long processes |
| Surety Bond | Tenant | As provided in policy | No (insurance company pays) | Policy term |
| Capitalization Bond | Tenant | 3–6x rent | No | Bond value |
| Total Guarantee (Regente) | Regente Imóveis | Unlimited | No | No limit |
The fundamental difference: all other methods depend on triggering, time limits, or coverage caps. Total Guarantee pays automatically, on the date, without the property owner having to do anything.
How it works in practice
With Total Guarantee, the property owner’s process is simple: rent lands in the account on the agreed date, every month. Whether the tenant paid or not is a matter between them and Regente Imóveis — not between them and the property owner.
To understand the cost of management with Total Guarantee included and how it compares to other real estate agencies, see the guide on real estate management fees in Florianópolis.
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Sources: Law No. 8.245/1991 — Tenant Protection Law, arts. 37 and 38 (Planalto.gov.br); operational data Regente Imóveis (2026).
