Selling a Rented Property in Florianópolis: Complete Guide for Owners and Tenants
If you own a property and the tenant still lives in it, selling seems more complicated than it is. The law permits sale at any time. What changes is how the process is conducted, and what rights the tenant carries forward with the lease contract.
This guide brings together, in one place, what owners and tenants need to know to negotiate without friction: vacancy timeline, right of first refusal, obligation to permit showings, and the boundaries between general law and institutional practice. It also points to specific guides in this cluster if you want to explore a particular point further.
1. Is it possible to sell a rented property?
Yes. The lease contract does not block the sale. The owner can sell with the tenant living in the property, and the lease remains valid, subject to the conditions that the following items in this guide detail Source (1991).
The difficulty is not legal, it is practical: scheduling showings, displaying the property with another tenant’s belongings, and aligning expectations about who is buying. An investor may even prefer to keep the tenant, because rental income comes ready-made. Someone who wants to live in the property generally prefers to find it empty. Aligning this profile with your real estate agent early avoids surprises later.
2. What is the actual timeline for the tenant to vacate after the sale
This is the most misunderstood point in the topic, and it is worth confirming before promising timelines to either party.
There is no single 90-day timeline valid for every lease. Article 8 of the Tenant Protection Law permits the new buyer to terminate the lease, giving the tenant 90 days to vacate, but only when the lease does not have a permanence clause recorded on the property registration Source (1991).
If this clause exists and is registered in the property record, the buyer must respect the lease until the end. There is no eviction in 90 days in that case. The “90-day” belief circulates so widely that it appears as a direct Google search, but without this property registration condition, it creates wrong expectations for both sides.
3. The tenant’s right of first refusal
Before selling to third parties, the owner must notify the tenant in writing, with the price and conditions of the sale. This is the right of first refusal: the tenant has priority to purchase the property before any other buyer Source (1991).
The tenant has 30 days, a deadline period, to respond. Silence means the right has lapsed; an express negative response is not required. There are exceptions (sales among condominium owners, ascendants, descendants, or spouses), and in a condominium the co-owner has priority over the tenant.
If the owner sells without notifying, the sale is not automatically voided, but the tenant has the right to damages for losses. It is worth documenting the absence of notice and seeking legal guidance to evaluate the case.
4. How to notify the tenant and organize showings
The written notification of Article 27 is what activates the right of first refusal period, it is not courtesy, it is a legal requirement. Beyond it, it is recommended practice to notify in advance about showings for potential buyers.
The tenant has a legal obligation to permit these showings, by prior arrangement of day and time Source (1991). The law does not specify particular business hours; the requirement is only that there be prior arrangement between the parties. Systematic refusal of showings by the tenant has no legal basis, but the practical consequences of recurring refusal (notification, court action, lease breach for violation) [verify] before asserting any specific penalty.
Arranging times with flexibility solves most friction at this stage.
5. Expired lease should not be confused with the sale
If the lease has already passed 30 months, this does not “activate” tenant departure because of the sale. These are two independent mechanisms.
Article 46 establishes that a residential lease with a term equal to or longer than 30 months resolves automatically at the end of the term. If the property is not recovered at that time, the lease continues indefinitely, and the owner can recover the property by notifying the tenant with 30 days’ notice, a mechanism called empty notice Source (1991). STJ requires that the 30 months come from a single written contract: adding successive shorter-term lease renewals does not count.
This Article 46 mechanism has no link to the property sale. Selling does not activate the count or the empty notice; whoever wants to use that rule uses it the same way with or without a sale in progress. The statute that specifically addresses the sale is Article 8, seen in item 2.
Institutional clause of Regente, not general law
It is worth a note: leases with Regente Imóveis have their own clause, resulting from a Settlement Agreement with real estate agencies in Santa Catarina, that allows the tenant to leave starting from the 12th month without penalty, even in 30-month leases. This is Regente Imóveis’ institutional practice, not a general rule for every lease in Brazil, and should not be confused with the Article 46 recovery mechanism, which addresses when the owner can recover the property, not when the tenant can leave.
Reducing friction between the parties
Clear communication resolves most conflicts in this process: formal notice of intent to sell, advance arrangement of showing times, and transparency about the buyer profile sought. Owner understanding the tenant’s routine, tenant understanding the owner’s legitimate interest in selling: this mutual empathy reduces the natural tension in this negotiation.
Frequently Asked Questions
Can I sell my property even with a tenant living in it?
Yes. Having an active lease does not prevent the sale. What changes is how the process is conducted; the law protects the tenant at specific points, but does not block the negotiation.
Is it true that the tenant has only 90 days to vacate after the property is sold?
It depends. The 90 days only apply if the lease does not have a specific clause recorded on the property registration. If this clause exists, the buyer must respect the lease until the end, with no 90-day timeline. It is worth confirming in the property record before promising a timeline to either party.
As an owner, am I required to notify the tenant before selling?
Yes. The law requires written notification with the price and conditions of the sale, because the tenant has the right of first refusal to purchase the property first. The tenant has 30 days to respond; silence means the right has lapsed.
I am a tenant, am I required to let the owner show the property for sale?
Yes, the law provides for this obligation. The point of balance is prior arrangement of day and time; there is no fixed time defined in law, but there is also no support for systematic refusal of showings.
My tenant’s lease has expired after more than 30 months; does the sale automatically make them leave?
No, these are separate matters. The 30-month timeline and the possibility of recovering the property after (with 30 days’ notice) exist independently of whether the property is being sold. Selling does not activate this rule.
Does a rented property sell more slowly or at a lower price than an empty property?
There is no reliable market figure that confirms this with precision. In practice, it matters more who is buying: an investor may prefer to keep the tenant, someone who wants to live there generally prefers the empty property. Aligning this with your real estate agent directs marketing to the right buyer.
Is there any rule that allows the tenant to leave before the lease ends without penalty?
In leases with Regente Imóveis, yes, there is a clause that allows the tenant to leave starting from the 12th month without penalty, even in 30-month leases. This is Regente Imóveis’ institutional practice, not a general rule for every lease in Brazil.
