If you are a property owner selling a rental property, you have probably heard about the 90-day deadline for the tenant to vacate. It is the most repeated information on the subject, and also the most incomplete.
The deadline does exist. But it does not apply to every rental contract. It depends on a detail that is registered (or not) in the property’s registration record (matrícula). Ignoring this condition creates wrong expectations on both sides: the owner thinks they can take back the property quickly, and the tenant thinks they have only three months to organize themselves.
This guide deconstructs the myth and shows the complete rule, provided for in the Tenant Protection Law (Law 8.245/1991).
The myth: “Every tenant has 90 days to leave when the property is sold”
The belief circulates so much that it appears as a direct search on Google. And it is not entirely false, it is incomplete. Article 8 of Law 8.245/91 really does provide for a 90-day deadline. The problem is treating that deadline as automatic, valid for any rental property sale.
In practice, this deadline is the exception that only applies when a specific protection is missing from the contract. Without understanding that protection, it is impossible to know if the 90 days apply to your case.
1. The condition that changes everything: the registered lease continuation clause
Article 8 of Law 8.245/91 allows the new buyer (acquirer) to terminate the rental contract and demand vacating within 90 days, but only if the rental contract does not have a lease continuation clause registered (averbada) in the property’s registration record.
Registration (averbação) means formally recording the rental contract in the property’s registration record at the real estate registry office. This registration serves as a public notice: any buyer who checks the registration record before closing the deal will know that an active rental contract exists and for how long.
This is the point that creates the most confusion in the market. The answer to “how long does the tenant have to leave” is never a fixed number. It is always: it depends on whether the registration exists or not.
2. When the buyer can demand vacating within 90 days
The 90 days apply when the rental contract does not have a lease continuation clause registered in the property’s registration record. In this scenario, the law understands that the buyer had no way to know, in a public and verifiable manner, that the property was committed to a long-term contract.
This is why Article 8 gives the acquirer the right to terminate the rental and take back the property, respecting the minimum 90-day deadline for the tenant to vacate.
3. When the buyer cannot demand vacating within 90 days
If the contract has the lease continuation clause registered in the property’s registration record, the logic reverses: the buyer must respect the contract until the end, exactly as it was in effect before the sale. There is no right to terminate within 90 days in this case; the new owner simply assumes the lessor position until the contract ends.
In practice, this means that whoever buys a rental property with a registered contract is buying the property with the tenant guaranteed until the end of the contractual term, not a vacant property in three months.
Before promising any deadline to the tenant or buyer, it is worth confirming directly in the registration record whether this clause exists. It is the only way to know which of the two situations applies.
A similar but different myth: Article 42
Another common confusion is thinking that Article 42 of the Tenant Protection Law addresses this vacating deadline after a sale. It does not. Article 42 discusses advance rent collection when the contract has no lease guarantee (fiança), it is a payment matter, not a property sale matter. If this reference appears in a search on the topic, the correct legal basis remains Article 8.
Does the tenant have any rights beyond the deadline?
Yes, and it is easy to lose sight of this point when all attention is focused on the vacating deadline. Before the property even goes to market, the tenant has a right of first refusal to purchase, according to Article 27 of Law 8.245/1991.
The owner must notify them in writing, informing the sale price and conditions. The tenant has 30 days to respond; if they remain silent, this right expires. There are exceptions (sale between condominium co-owners, parents, children, or spouse), and if the owner sells without notifying, the tenant can seek damages for losses, although this does not nullify a sale already made.
Expired contract for more than 30 months: does the sale change anything?
No. These are two independent mechanisms, and mixing them is another common error. Residential contracts with a term equal to or longer than 30 months terminate automatically at the end of the term, and if the property is not taken back at that moment, the rental extends indefinitely, requiring the owner to notify the tenant with 30 days’ advance notice (called simple non-renewal notice).
This mechanism in Article 46 does not depend on the property being sold or not. The sale, by itself, does not speed up or activate this counting. What always governs the effect of sale on the contract is Article 8, explained above.
Extra care is worth noting here: according to STJ interpretation, the 30 months only count when they come from a single written contract. The sum of successive renewals of shorter contracts does not equal this.
Is the tenant obligated to allow the buyer to visit the property?
Yes. The law provides for this obligation in Article 23, IX, combined with Article 27: the tenant must allow visits from potential buyers, provided there is prior agreement on the day and time. The law does not set a specific business hour; what matters is the agreement between the parties.
Systematic refusal of visits has no legal basis. In practice, what prevents friction is simple: give advance notice and negotiate times that work for both sides.
At Regente, there is a specific rule for early termination
It is worth clarifying this to the party, because it is easy to confuse with the legal deadlines above: in Regente Imóveis contracts there is a specific clause, resulting from a Settlement Agreement signed with real estate agencies in Santa Catarina, that allows the tenant to leave starting from the 12th month without penalty, even in 30-month contracts.
This is an institutional practice of Regente, not a general rule of the Tenant Protection Law. It addresses when the tenant can leave without penalty, a different topic from when the owner can take back the property, which is the central subject of this guide. If you rent with Regente and are thinking about selling, this explains how this process works from the owner’s side.
Frequently Asked Questions
Can I sell my property even if a tenant is living in it?
Yes. Having an active rental contract does not prevent the sale. What changes is how the process is conducted: the law protects the tenant on specific points, but does not block the negotiation.
Is it true that the tenant has only 90 days to leave after the property is sold?
It depends. The 90 days only apply if the rental contract does not have a lease continuation clause registered in the property’s registration record. If that clause exists, the buyer must respect the contract until the end, with no 90-day deadline. It is worth confirming in the registration record before stating any deadline.
As a property owner, am I required to notify the tenant before selling?
Yes. The law requires written notification, with the sale price and conditions, because the tenant has the right of first refusal to buy the property first. They have 30 days to respond; if silent, this right expires.
As a tenant, am I obligated to let the owner show the property for sale?
Yes, the law provides for this obligation. The balancing point is prior agreement on day and time: there is no fixed hour set by law, but there is no basis for systematically refusing visits.
My tenant’s contract has already expired for more than 30 months; does selling the property force them out automatically?
No. These are two separate rules. The 30-month term and the possibility of taking back the property after that exist regardless of whether the property is being sold or not.
If the owner sells the property without notifying me, what can I, as a tenant, do?
Failure to provide prior notice gives you the right to compensation for losses and damages, but does not undo the sale automatically. It is worth documenting the absence of notice and seeking legal guidance to evaluate your case.
This content presents the general rule of Law 8.245/1991 and does not substitute for personalized legal advice for your specific situation.
