Maintenance

Short answer: The general rule is simple — the owner is responsible for structural and pre-existing issues; the tenant is responsible for damage caused by use or negligence. Normal wear and tear over time isn’t anyone’s responsibility: it’s simply an inherent cost of owning property.

What the law says

The Tenancy Law (Law 8.245/91) draws a clear line between the two parties’ obligations:

• Art. 22: the landlord must deliver the property in usable condition, is liable for defects that predate the lease, and must handle urgent repairs.
• Art. 23: the tenant must take good care of the property, return it in the condition received (except for normal wear and tear), and immediately repair any damage they themselves cause.

What is the owner’s responsibility

• Structural issues: roof, slab, waterproofing, foundations
• Embedded electrical and plumbing systems (inside walls and slabs)
• Defects that already existed before the lease — even if they only show up later
• Leaks of structural origin: damaged roofing, worn gutters, poor waterproofing
• Pre-existing pests (termites in old woodwork, for example)
• Accumulated normal wear: paint fading over the years, grout loosening over time

What is the tenant’s responsibility

• Everyday upkeep: replacing lightbulbs, cleaning A/C filters, sealing faucets, tightening hinges
• Damage from misuse: broken glass, walls with excessive holes, flooring scratched from dragging heavy furniture
• Clogged drains and traps from debris built up through use
• A leak caused by a window left open during heavy rain
• Pests that appear during the lease due to lack of care (moisture buildup, insufficient ventilation)

Normal wear and tear is never charged

If laminate flooring is slightly scratched after three years of normal use, or paint has darkened near ventilation edges — that’s wear, not damage. The law protects the tenant in these cases. What distinguishes wear from damage is the move-in inspection report: if the item was noted as being in good condition and comes back damaged beyond what’s expected, it’s damage.

How Regente resolves it when it’s unclear

When responsibility isn’t clear-cut, Regente’s Maintenance Department reviews the request, cross-checks it against the move-in inspection report, and mediates the decision between owner and tenant before dispatching any provider. No service order is executed without formal approval from the responsible party.

Practical example

A tenant in Córrego Grande reported a leak under the kitchen sink. The move-in inspection showed the plumbing in good condition. The problem appeared after 2 years of use: an external trap with a worn thread. Tenant’s responsibility (external plumbing, wear from use). An accredited provider was dispatched with the tenant’s approval, and the cost was deducted from the next payment.

Related questions

• Water leaks in a rented property: whose responsibility is it?
• Termites in a rented property: who pays for extermination?
• How do I open a maintenance request at Regente?
• Can I dispute the move-out inspection report?

Still unsure about a specific case? Talk to Regente.

Short answer: A leak of structural origin is the owner’s responsibility. If it was caused by the tenant’s misuse, it’s the tenant’s responsibility. The move-in inspection report is the most important piece of evidence for determining who pays — and timing matters: if the owner doesn’t act within 30 days, the tenant can terminate the lease without penalty.

When the owner is responsible

The Tenancy Law (art. 22) requires the landlord to be liable for defects that predate the lease and to keep the property in usable condition. A leak is the owner’s responsibility when it:

• Comes from the roof, slab, or covering due to structural issues
• Results from poor or faulty waterproofing
• Comes from gutters and flashing damaged over time
• Is caused by embedded plumbing (inside the walls) that’s worn or ruptured
• Was already noted or implied in the move-in inspection report
• Comes from the building’s common areas (the condo association’s responsibility)

When the tenant is responsible

The tenant is liable for damage they themselves cause. A leak is the tenant’s responsibility when it:

• Was caused by a window or door left open during heavy rain
• Results from a drain or internal gutter clogged by debris from use
• Came from a leaking bathtub, aquarium, or appliance used by the tenant
• Resulted from a modification made by the tenant without the owner’s authorization

When it comes from a neighbor or the condo association

In apartment buildings, leaks coming from the unit above or from common areas are the responsibility of the neighbor who caused it or the condo association. In these cases, Regente advises the tenant to notify the building manager (síndico) and, if necessary, the owner, so they can involve insurance or the condo association.

What to do right away

1. Document everything: dated photos and videos of the visible problem.
2. Open a request: notify Regente immediately — in writing (WhatsApp or email).
3. Don’t repair it yourself before an assessment, except in an emergency. In those cases, notify Regente and keep the invoices.
4. Track the deadline: the owner has a legal duty to act. After 10 days with no response, you can seek a rent discount; after 30 days, you can terminate the lease without penalty.

Deadlines and tenant rights

• No repair within 10 days: the tenant can seek a proportional rent discount for the period of disruption.
• No repair within 30 days: the tenant can terminate the lease without penalty (art. 22, Law 8.245/91).
• Emergency expenses: if the tenant covered an urgent repair that was the owner’s responsibility, the amount can be deducted from the next rent payment (keep the invoices).

How Regente resolves it

Regente’s Maintenance Department receives the request, checks the move-in inspection report to identify whether the problem was pre-existing, classifies responsibility, and contacts the responsible party. If there’s a dispute, the Leasing Coordinator (Cyro) mediates before any work is carried out. No provider is dispatched without formal approval.

Practical example in Florianópolis

A tenant in Pantanal noticed damp stains on a bedroom wall during winter. Regente checked the move-in report: the wall was in normal condition, no mention of dampness. The provider’s diagnosis: external waterproofing had deteriorated over time — the owner’s responsibility. The repair was carried out 12 days after approval. The owner authorized it without dispute; the move-in report was decisive.

Related questions

• Who pays for maintenance on a rented property: landlord or tenant?
• Termites in a rented property: who pays for extermination?
• How do I open a maintenance request at Regente?

Dealing with an open leak and an unresponsive owner? Talk to Regente now.

Short answer: If the termites were already present in the property before the lease — or come from the building’s older structure — the owner pays. If they showed up during the lease due to the tenant’s lack of care, it’s the tenant’s responsibility. The move-in inspection report is the key piece of evidence for the decision.

Why this is a tricky question

Termites are silent. An infestation can exist for years before becoming visible — which is exactly why splitting responsibility gets confusing. The Tenancy Law (art. 22) doesn’t mention termites specifically, but the underlying principle is the same: defects that predate the lease are the owner’s responsibility.

When the owner pays

• The infestation was present before the lease began, even if only discovered later
• The termites come from old structural woodwork (beams, joists, ceiling framing) — a construction defect
• The move-in inspection report shows no record of recent preventive treatment
• The property is older and termite activity is expected given the structure itself

Rule of thumb: if the infestation isn’t mentioned in the move-in report and involves the property’s structure, it’s presumed to be pre-existing — the owner’s responsibility.

When the tenant pays

• The infestation arose during the lease due to lack of care: moisture buildup, furniture left permanently against a wall, insufficient ventilation
• The tenant brought already-infested furniture or materials into the property
• The move-in report noted the property as pest-free with recent preventive treatment

What to do when you find termites

1. Document it with photos — record where the infestation is and what surface is affected.
2. Notify Regente immediately — in writing. Don’t try to eliminate it yourself before an assessment.
3. The Maintenance Department assesses it, cross-checks it against the move-in report, and determines responsibility.
4. An accredited provider is dispatched with formal approval from the responsible party.

Damage to the tenant’s belongings

If the termites came from the property’s structure (the owner’s responsibility) and damaged the tenant’s furniture or belongings, the tenant can seek compensation for the losses. In these cases, check in with Regente — documenting things from the start of the request is essential to support any claim.

How Regente resolves it

The move-in inspection report produced by a third-party company is the baseline document. If the infestation wasn’t recorded and the origin is structural, the Maintenance Department contacts the owner for approval of the service. If the origin is related to use, the tenant is informed and approves the quote. Without approval, no work is carried out.

Related questions

• Who pays for maintenance on a rented property: landlord or tenant?
• Water leaks in a rented property: whose responsibility is it?
• How do I open a maintenance request at Regente?

Found termites and not sure what to do? Talk to Regente.

Short answer: Report the issue to Regente in writing, with photos or videos. The Maintenance Department assesses it, determines who is responsible, gets approval from the responsible party, and dispatches an accredited service provider. No work starts without an approved service order.

Why documenting it matters from the start

Every request opened is logged in SILIM — Regente’s lease management system. That record protects both the tenant (proof that the issue was reported) and the owner (visibility into the property’s condition). Without a written record, there’s no traceability.

How to open a request

1. Report the issue in writing — WhatsApp or email to Regente’s Maintenance Department contact. Describe the problem clearly: where it is, when it appeared, how often it happens.
2. Send photos or videos — the more visual detail, the faster the classification and quote.
3. Wait for classification: the Maintenance Department checks the move-in inspection report and determines whether the responsibility falls on the owner or the tenant.
4. Formal approval: the responsible party receives the quote and approves (or disputes) it before any work begins.
5. Execution: an accredited service provider is dispatched and schedules the work with the tenant.
6. Closing: the request is closed in SILIM with a record of the service performed.

Who handles maintenance at Regente

• Leonardo: in-house inspector and maintenance coordinator — carries out move-out inspections and follows up on repairs when needed.
• Maintenance Department: receives requests, classifies responsibility, dispatches accredited providers, and authorizes payments.
• Cyro (Leasing Coordination): steps in when there’s a dispute over responsibility between owner and tenant.

Accredited service providers

Regente keeps a network of providers approved by management and the board — electricians, plumbers, painters, pest control, among others. Using an accredited provider ensures quality, an official invoice, and traceability of the service. If a tenant wants to bring in their own provider, check with the Maintenance Department before hiring anyone.

Emergency situations

In urgent cases — a leak flooding a room, a short circuit, part of the structure collapsing — the tenant may call an emergency provider directly. In that case:

• Notify Regente immediately, even outside business hours
• Keep all invoices from the emergency service
• Photograph the problem before and after the repair
• If it’s the owner’s responsibility, the cost may be deducted from the rent

Practical example

A tenant in Trindade noticed the bathroom outlet had stopped working. She sent a photo via WhatsApp to the Maintenance Department. Within 24 hours: classification (internal electrical issue — owner’s responsibility), quote from the accredited electrician sent to the owner. Approved within 2 days, work scheduled for the next day. Request closed in under a week.

Related questions

• Who pays for maintenance on a rented property: landlord or tenant?
• Water leaks in a rented property: whose responsibility is it?
• Can I dispute the move-out inspection report?

Need to open a request right now? Get in touch with Regente.

Short answer: Yes, you can — and should — dispute the move-out inspection if you disagree with what was recorded. Do it in writing, with photos and cross-references to the move-in report. Normal wear and tear is never the tenant’s responsibility, and any clause requiring repainting before move-out is void by law.

What the move-out inspection is and how it works at Regente

The move-out inspection is the report that compares the property’s current condition against the condition documented at move-in. At Regente, it’s carried out by Leonardo — the in-house inspector — with direct reference to the move-in report produced by a third-party company.

The tenant has the right to attend the inspection in person. An inspection carried out without the tenant’s presence or agreement has no legal validity (art. 23, Law 8.245/91). If you can’t attend, notify Regente in advance to reschedule.

What you can dispute

• Items already damaged at move-in: if something is listed in the move-in report as a pre-existing issue, it cannot be charged at move-out.
• Normal wear from use: slightly faded paint after 3 years of use, surface scratches on laminate flooring, a faucet seal that wore out over time — none of these are the tenant’s responsibility.
• Mandatory repainting clause: any clause requiring the property to be repainted before it’s returned is void as a matter of law (art. 45, Law 8.245/91), unless the paint was damaged by the tenant’s abnormal use.
• Disproportionate repair estimate: if the repair quote presented is clearly above market rate, you can request an alternative quote.

How to formally dispute it

1. In writing: email or a formal document addressed to Regente. Don’t accept a verbal dispute.
2. With evidence: dated photos and videos of the disputed item. Reference the move-in report: item X was already listed as [condition] in the move-in report from [date].
3. Within the timeframe: the law doesn’t set a fixed deadline, but standard market practice is 2 to 5 business days after signing the move-out report. The sooner, the better.
4. Be specific: dispute item by item, not the report as a whole. Generic disputes carry less weight.

What if the dispute isn’t accepted?

If disagreement persists after the dispute, Regente’s Leasing Coordinator (Cyro) mediates between the parties. In cases without an agreement, going to court is an option — Brazil’s Small Claims Courts (Juizados Especiais Cíveis) are accessible without requiring a lawyer. The move-in report, photographs, and your written dispute are your main evidence.

What the tenant is actually responsible for repairing

The tenant is only responsible for damage they caused beyond normal wear:

• Broken glass
• Walls with excessive holes or damage from improper mounting
• Flooring chipped by a heavy object being dropped
• Paint stains or mold caused by the tenant’s insufficient ventilation
• Damage to fixtures from improper use

Practical example

A tenant returned an apartment in downtown Florianópolis (Centro) after 4 years. The move-out report called for a full repaint — but the move-in report had noted recent paint in good condition. The tenant disputed it: four years of use produces normal wear, not damage. The dispute was accepted by Regente after comparing both reports. The paint was classified as normal wear — no charge.

Related questions

• Who pays for maintenance on a rented property: landlord or tenant?
• How do I open a maintenance request at Regente?
• What is the move-in/move-out inspection, and why does it matter?

Disagreed with the move-out report? Talk to Regente before signing anything.