When rent doesn’t arrive, the first reaction is to call. The second is to wait. The third — and what should be first — is to understand what rights the property owner has under law and how to exercise them without compromising the legal process that may follow.
The Tenant Law (Law 8.245/1991) is clear: non-payment of rent is legitimate grounds for contract termination and eviction. The property owner has the right to receive rent, charges, and all costs caused by non-payment — including attorney fees.
Your Immediate Right: Notify and Demand Payment
As soon as rent is late, the property owner has the right to formally notify the tenant, demanding payment of the debt plus late fee and interest.
The late fee is typically defined in the contract — the standard is 10% of the rent amount. Moratory interest is 1% per month (or whatever the contract specifies, within legal limits).
How to give notice:
– Registered letter with proof of receipt through postal service
– Notary notification (more formal and carries greater evidentiary value)
– Email with read receipt (when the contract provides for this method)
Formal notification documents that the property owner communicated the debt — which is necessary if the process escalates to legal action.
Right to Terminate the Contract Due to Non-Payment
The property owner has the right to file an eviction action for non-payment as soon as rent becomes overdue. The law does not require waiting months — non-payment alone is sufficient grounds to file the action.
In practice, attorneys recommend waiting for notification and a minimum period (usually 15 to 30 days) before filing, to demonstrate good faith and prevent the tenant from claiming they had no opportunity to settle.
What the property owner can claim in the action:
1. Eviction of the tenant
2. Recovery of all overdue rent
3. Recovery of charges (HOA fees, property tax, water, electricity) in arrears
4. Late fees and moratory interest
5. Attorney fees — when the tenant loses, they may be ordered to pay the property owner’s attorney fees
What the Property Owner CANNOT Do
The law prohibits certain actions that desperate property owners sometimes attempt:
Cannot enter the property without authorization. Even with a non-paying tenant, the property is the tenant’s residence and unauthorized entry constitutes a crime. Recovery of the property only occurs through court order.
Cannot cut water or electricity. Cutting essential services to force the tenant out is prohibited and may constitute a crime.
Cannot change the locks. Even if the property is empty and the owner has the keys, changing locks while the lease is active without a court order can result in legal consequences.
Cannot threaten or pressure. Any conduct that constitutes coercion can be used against the property owner in court.
The legal path is the only path — and it exists, works, and protects the property owner.
How Long It Takes and What It Costs
An eviction action for non-payment without tenant defense can be concluded in 4 to 8 months in Florianópolis. With a defense, it can exceed 12 to 18 months.
Costs include attorney fees (typically 15% to 20% of the amount claimed, or a flat fee agreed with the attorney) and court costs. When the tenant is ordered to pay, they may be required to reimburse some of these costs.
The math most people skip: 12 months without rent (R$ 3,000/month) = R$ 36,000 lost. Attorney fees at 20% of that amount = R$ 7,200. Total recoverable through the action = R$ 43,200 — but the process can take months to execute actual collection.
This is why proper guarantee matters: with Regente’s Total Guarantee, the property owner receives rent every month while the process runs. The litigation is Regente’s problem, not the owner’s.
How the Right Guarantee Changes Everything
With a guarantor or security deposit, the property owner goes through the entire process without receiving payment and then tries to recover through courts. With Total Guarantee, rent arrives every month while the process proceeds.
To understand the difference between each guarantee option and what each covers, the guide on rental guarantees compares the options in detail.
Talk to Regente about managing your property →
Sources: Law 8.245/1991 — Tenant Law, articles 59 to 66 (Planalto.gov.br); operational data from Regente Imóveis (2026).
