Rental Contract Brazil: Clauses Foreigners Must Check

You found the apartment, negotiated the rent, and signed a 30-month lease in Portuguese you could not fully read. Eight months later the owner sells the building, the new owner sends you a notice, and you have 90 days to move out. Your R$ 11,500 in moving costs, air conditioning installation and agency fees are gone. Nothing was illegal. The contract simply lacked one paragraph: the cláusula de vigência (continuity clause) registered at the Registro de Imóveis (property registry).

That is the single costliest mistake foreigners make when signing a rental contract in Brazil, and it costs more than any deposit dispute. The second costliest is accepting two guarantees at once (a deposit plus a surety bond), which the Brazilian Tenancy Law treats as a criminal misdemeanour by the landlord, not as a negotiation.

Brazil uses a Civil Law system. What is written in the contract, and what is registered in the right public registry, controls almost everything. Verbal promises from an agent (“don’t worry, the owner is not selling”) have close to zero enforcement value. The good news: Law 8.245/1991, the Lei do Inquilinato (Tenancy Law), is unusually protective of tenants once you know which clauses to demand before you sign.

This guide walks through exactly what to check, what the landlord’s lawyer will argue back, and how to fix a bad contract, with or without a judge.

What Is the Costliest Mistake Foreigners Make When Signing a Brazilian Lease?

Signing without a cláusula de vigência registered on the property’s title. Under Article 8 of Law 8.245/1991, if the property is sold, the buyer may terminate your lease with just 90 days’ written notice, unless the contract has a fixed term, contains that continuity clause, and is registered at the Registro de Imóveis (real estate registry).

All three conditions must exist together. A fixed-term contract alone does not protect you. A continuity clause that was never registered does not protect you either, because in Brazil registration is what makes a right enforceable against third parties who never signed your contract.

Registration is cheap compared to the risk. Fees vary by state, but registering a lease at a Registro de Imóveis typically costs between R$ 800 and R$ 2,500 depending on the rent value and the state’s official fee table (tabela de custas). You will need the contract with signatures notarized (reconhecimento de firma) at a cartório (notary office) and the property’s matrícula number.

Key point: The same registration also secures your direito de preferência (right of first refusal). If the owner decides to sell, you must be offered the property first on the same terms, and a registered lease lets you challenge a sale that ignored that right within six months of the transfer.

Foreigners are disproportionately hit by this because they relocate for a defined period, invest in the unit (furniture, appliances, sometimes renovations), and have no local network to absorb a sudden move. A Brazilian tenant losing a lease finds another apartment in two weeks. A foreigner who needs a new address for the Federal Police, a school enrollment and a bank record does not.

Why Do Brazilian Landlords Treat Foreign Tenants Differently?

Because the Brazilian rental market is built on guarantees, not on credit scores. Eviction for non-payment runs through the courts and commonly takes 8 to 18 months in the busiest state courts, so landlords front-load risk into the contract. A foreigner with no Serasa credit history and no Brazilian assets looks, on paper, like the highest risk profile there is.

Two structural facts drive this. First, there is no self-help eviction in Brazil: a landlord cannot change the locks. He must file an ação de despejo (eviction suit) and wait for a judicial order. Second, tenant screening relies on databases (Serasa, SPC) and on income proof that a newly arrived foreigner simply cannot produce: no CLT employment contract, no Brazilian income tax return, sometimes no local bank account yet.

So agencies compensate with demands that are often unlawful: a Brazilian co-signer plus a deposit, twelve months of rent paid upfront, a blank promissory note, or a clause allowing the landlord to keep your furniture as security. None of that becomes valid just because you signed it.

Watch out: You cannot validly sign a residential lease without a CPF (Cadastro de Pessoas Físicas, the Brazilian taxpayer number). Since 2026 the [Receita Federal

](https://www.gov.br/receitafederal/pt-br/assuntos/meu-cpf) no longer issues laminated CPF cards, and your digital CPF in the gov.br app is fully valid for signing contracts and opening accounts. Get it before you start viewing apartments, not after.

What Must Be in the Contract Before You Sign?

Nine clauses decide whether your lease is safe or expensive. The most important are the continuity clause plus registration, a single guarantee (Article 37), a proportional early-termination fine (Article 4), an annual-only rent adjustment index, and a signed vistoria (move-in inspection report) with photographs attached as an annex.

• Parties and property: the landlord’s full name, CPF and the property’s matrícula number. If the person signing is not the registered owner, demand a power of attorney (procuração) and check the registry.
• Term: a fixed term. Contracts of 30 months or more end automatically at term (Article 46); shorter ones renew indefinitely and are harder for the landlord to end, but also weaken your Article 8 protection if not registered.
• Cláusula de vigência: express statement that the lease survives the sale of the property, plus your right of first refusal.
• Guarantee: one only, clearly identified, with the exact release conditions.
• Early termination: fine proportional to the time remaining, never a flat amount.
• Rent adjustment: annual, by IPCA or IGP-M. Anything more frequent than 12 months contradicts Brazilian monetary law.
• Who pays what: IPTU (property tax), condominium fee, fire insurance, structural repairs. By default the landlord bears extraordinary condominium expenses and structural works; the tenant bears ordinary expenses and consumption bills.
• Vistoria annex: the inspection report. Without it, every scratch at move-out is presumed yours.
• Notices: a valid address and email for formal notification, and acceptance of notification by email or WhatsApp.

Example: Rent of R$ 5,000, 30-month lease, contractual fine of three months’ rent (R$ 15,000). You leave after 20 months, so 10 of 30 months remain. The proportional fine is R$ 15,000 x 10/30 = R$ 5,000, not R$ 15,000. If the contract fixes R$ 15,000 regardless of when you leave, that clause is challengeable as abusive under Article 4 of the Tenancy Law.

Read the full text of the law (in Portuguese) at planalto.gov.br, and see our deeper breakdown of what the Brazilian rental law guarantees tenants.

Which Guarantee Can the Landlord Legally Demand, and Which It Cannot?

Article 37 of Law 8.245/1991 lists four guarantees: caução (deposit), fiança (personal guarantor), seguro-fiança (surety bond insurance) and assignment of investment-fund quotas. Only one may be used per contract. A cash deposit is capped at three months’ rent and must be placed in a savings account, per Article 38.

Demanding more than one guarantee in the same lease is classified as a criminal misdemeanour under Article 43 of the Tenancy Law, punishable by fine or detention. In practice, the clause is struck down and the tenant recovers what was paid in excess.

How it works: With rent of R$ 2,500, the maximum lawful cash deposit is R$ 7,500, deposited in a caderneta de poupança (savings account) opened in both names. Interest belongs to you. If the landlord holds R$ 7,500 in a personal current account for 30 months and returns exactly R$ 7,500, you are entitled to claim the lost yield plus correction.

The landlord’s strongest argument, stated fairly

Here is the best version of the other side’s case, and it is not frivolous: “This tenant is a foreign national on a temporary visa, with no property in Brazil, no CPF history, and no seizable assets. If he stops paying, my eviction takes over a year, and even with a judgment I have nothing to attach because he will have left the country. Enforcing a Brazilian judgment abroad is slow and expensive. A single guarantee does not cover my real exposure, so I need a Brazilian fiador with real estate, plus a deposit.”

The answer is not that the risk is imaginary. It is that Brazilian law already gives the landlord a legitimate substitute. Article 42 allows the landlord to require rent paid in advance, at the beginning of each month, precisely when the lease has no guarantee at all. That converts the risk from “collect later” to “collect first”, which is exactly what the landlord wants, and it is lawful.

Second, seguro-fiança transfers the whole default risk to an insurer that has already priced foreign-tenant risk and, unlike a fiador, will pay without litigation. An insurer covering 30 months of rent at R$ 5,000 is a far stronger creditor position than a co-signer whose only asset is a mortgaged apartment. Third, the enforcement argument cuts both ways: Brazil recognises foreign judgments and arbitral awards, and a well-drafted lease can include an arbitration clause, a point we cover in our guide on enforcing awards and cross-border disputes in Brazil.

If you are being pushed toward a fiador you do not have, the lawful alternatives are set out in our article on renting in Brazil without a guarantor.

Does the Contract Have to Be in Portuguese, Notarized or Signed with Witnesses?

A Brazilian lease does not need to be notarized to be valid, and it does not have to be in Portuguese to bind you. But in court, any document in a foreign language must be filed with a certified translation by a tradutor público juramentado (sworn public translator), which costs roughly R$ 80 to R$ 150 per page and delays your case.

The practical solution is a bilingual, two-column contract with an express clause stating that the Portuguese version prevails in case of divergence, and that both parties acknowledge understanding it. That clause protects the landlord, so agencies rarely refuse it, and it kills the “he did not understand what he signed” argument in both directions.

On formalities:

• Witnesses: two witnesses are standard practice. Under the Civil Procedure Code, a written contract signed by the parties can be enforced directly as an extrajudicial title, and witness signatures remove any doubt about that.
• Notarization: not required for validity, but mandatory in practice if you want to register the lease at the Registro de Imóveis.
• Electronic signature: valid. Qualified certificates (ICP-Brasil) and gov.br signatures are accepted, and courts routinely accept platform signatures such as DocuSign or Clicksign when neither party disputes authorship.
• Signing from abroad: use a procuração (power of attorney) executed at a Brazilian consulate, or notarized abroad with an apostille under the Hague Convention.

Watch out: Never sign a blank promissory note (nota promissória em branco) or a set of undated cheques as “extra security”. These circulate independently of the lease and can be enforced against you even after you have paid everything. Ask for the clause to be deleted, in writing.

Which Contract Structure Fits Your Situation?

Not every rental in Brazil falls under the Tenancy Law. Stays marketed as temporada (seasonal) or through platforms are governed by different rules, with a maximum of 90 days for seasonal rentals under Article 48 of Law 8.245/1991, and short-stay bookings under the Civil Code instead. The regime you sign into changes your protection dramatically.

In practice: A digital nomad signing a “temporada” contract for nine months has signed a legally shaky document. The seasonal regime caps at 90 days, so the arrangement can be reclassified as an ordinary residential lease, but you will be arguing that after a conflict has already started. Insist on the correct regime up front.

How Do You Fix a Bad Contract Without Going to Court?

Most rental disputes in Brazil are resolved out of court within 30 to 60 days, using formal written notification and, if needed, consumer or mediation channels. A single notification signed by a lawyer and delivered by notificação extrajudicial through a cartório (roughly R$ 150 to R$ 400) resolves the majority of illegal-clause and deposit-return cases.

The escalation ladder, in order:

• Written demand by email plus WhatsApp, stating the legal basis (article number) and a deadline of 10 days. Keep read receipts.
• Notificação extrajudicial via cartório de títulos e documentos. This creates dated, official proof of your demand, which matters for interest and for later damages.
• The insurer or guarantee company, if the property is covered by seguro-fiança. Insurers have their own ombudsman channels and answer faster than landlords.
• Procon, the consumer protection agency, when a real estate agency or administrator is involved. Filing is free and can be done online through most state Procon portals or the federal gov.br services portal. Agencies respond because Procon records are public.
• CEJUSC mediation, the court-linked conciliation centres. You can request a pre-litigation conciliation hearing without filing a lawsuit; sessions are usually scheduled within 45 to 90 days and any agreement is judicially approved and enforceable.

Quick recap: Document everything, cite the article, set a deadline, escalate in writing. Landlords settle when they see that the tenant knows Articles 4, 8, 37, 38 and 42 by number, because their own lawyer will tell them the clause will not survive a judge.

When Do You Need a Lawsuit, and What Does It Cost?

Court becomes necessary when the landlord holds money or keys, or threatens eviction. Filing fees in Brazilian state courts typically run 1% to 2% of the claim value, plus lawyer’s fees. A first-instance decision usually takes 12 to 24 months; small claims courts (Juizado Especial Cível) are faster, often 6 to 12 months, and free to file.

The most common actions for tenants:

• Ação de consignação em pagamento: you deposit the rent in court when the landlord refuses payment or when there is a dispute over the amount. This blocks a default-based eviction.
• Ação declaratória de nulidade de cláusula: to void an abusive clause (double guarantee, flat early-termination fine, waiver of your Article 8 rights).
• Ação de cobrança or reparação: to recover a withheld deposit plus savings-account yield, or repair costs the landlord should have paid.
• Defence in an ação de despejo: in non-payment cases the law allows you to purge the default (emenda da mora) by paying the full amount due within 15 days of being served, keeping the lease alive.

Claims up to 40 minimum wages can go to the small claims court, and up to 20 minimum wages you may file without a lawyer, although a foreign national will need reliable Portuguese and a Brazilian address for service. Superior Court of Justice decisions, searchable at stj.jus.br, have consistently reinforced that a guarantee cannot be doubled up and that a deposit must be returned with monetary correction.

Important: Every lawyer representing you must be registered with the OAB (Brazilian Bar Association). Ask for the OAB number and state. It takes 30 seconds to verify and it is the cheapest due diligence you will ever do.

What Changed in 2026 for Foreign Tenants?

The Tenancy Law itself was not formally amended in 2026. Three practical changes matter: the Receita Federal fully digitalised the CPF (no more plastic cards), gov.br electronic signatures are now routine in lease closings, and bills before the National Congress propose shortening eviction timelines and regulating platform rentals.

What this means for you in practice:

• Faster onboarding. With a digital CPF in the gov.br app plus your CRNM (National Migration Registration Card) or passport, most agencies can complete screening in 3 to 5 business days instead of two weeks.
• Remote closings are normal. Signing before arrival is realistic now, but never sign remotely without an in-person vistoria done by someone you trust. Photos sent by the agency are not a vistoria.
• Short-term rentals under pressure. Courts have upheld condominium bylaws that ban short-stay commercial use in residential buildings. If your plan is to sublet on a platform, check the convenção de condomínio before signing, not after.
• Pending bills. Proposals circulating in Congress would shorten non-payment eviction and expand permitted guarantees. None has passed. Do not sign a clause that anticipates a law that does not exist yet.

Step-by-Step: How to Sign a Brazilian Rental Contract Safely

Budget three to four weeks from apartment choice to keys, and expect to pay first month’s rent plus condominium and guarantee costs upfront. For a R$ 4,500 apartment, plan for roughly R$ 10,500 in cash at signing: rent, condominium fee, IPTU instalment, and a seguro-fiança premium or first deposit tranche.

• Step 1 (before viewing): obtain your CPF. Foreigners can apply online through the Receita Federal site or at a Brazilian consulate abroad.
• Step 2: assemble documents: passport, CRNM or visa, digital CPF, proof of income (foreign payslips, bank statements, employment or client contracts), and a Brazilian bank account if you have one.
• Step 3: request the matrícula atualizada of the property (updated registry extract) and confirm the owner’s identity and that there is no foreclosure or seizure recorded.
• Step 4: get the draft contract by email and have it reviewed before any signature or “reservation fee”. Reservation payments are frequently non-refundable in practice.
• Step 5: negotiate the clause package: continuity clause, single guarantee, proportional fine, annual adjustment, expense split, vistoria annex.
• Step 6: do the vistoria in person with dated photographs and video, listing every defect, and have both parties sign it.
• Step 7: sign, notarize signatures at a cartório, then register at the Registro de Imóveis. Registration takes about 5 to 15 business days.
• Step 8: update your address with the Federal Police if you hold a CRNM, and keep the registered contract as your official proof of residence.

Tip: Pay rent only by bank transfer (PIX or TED) to an account in the landlord’s or administrator’s name, with the reference “aluguel + month”. Cash payments and transfers to third-party accounts are the number one reason tenants lose payment disputes they should have won.

Which Mistakes and Deadlines Cost Foreign Tenants the Most?

Four deadlines matter most: 15 days to purge a default after being served in an eviction suit, 90 days’ notice from a new owner if your lease is not registered, 30 days’ notice to end a month-to-month lease, and 6 months to challenge a sale that ignored your right of first refusal.

• Signing before the vistoria, then being billed R$ 8,000 for pre-existing damage at move-out.
• Paying a “deposit” straight into the agent’s personal account, with no savings account and no receipt.
• Accepting a flat early-termination fine instead of a proportional one.
• Assuming a verbal renewal exists. Renewal must follow the contract or the law, in writing.
• Leaving the country without a formal entrega de chaves (key handover) document. Your guarantee stays alive until the keys are formally returned, so rent can continue accruing.
• Ignoring a court summons sent to the rented address after you moved out.

Related pitfalls in Brazilian contracting generally are covered in our guide to the five costliest contract mistakes foreigners make in Brazil.

Frequently Asked Questions

Can I sign a rental contract in Brazil on a tourist visa?

Yes. The Tenancy Law does not require any particular immigration status to rent residential property, and tourists can lawfully sign leases. What you cannot do is sign without a CPF, since the taxpayer number is required for the contract, utilities and registration. Practically, many agencies will ask for a CRNM or visa and may require a larger guarantee or advance rent for short-status tenants. A seasonal contract capped at 90 days is often the cleanest structure for a tourist-status stay.

How much deposit can a landlord legally ask a foreigner for?

A cash deposit is capped at three months’ rent under Article 38 of Law 8.245/1991, regardless of nationality. With rent of R$ 5,000, the maximum is R$ 15,000, and it must be held in a savings account with interest credited to you. A landlord who asks for six months’ rent as “foreigner deposit” is outside the law, and a landlord who asks for a deposit plus a fiador is combining two guarantees, which Article 43 treats as a misdemeanour.

What happens to my lease if the owner sells the apartment?

It depends entirely on registration. If your fixed-term lease contains a cláusula de vigência and is registered at the Registro de Imóveis, the buyer inherits the lease and must respect it until the end of the term. If either element is missing, the buyer may terminate with 90 days’ written notice under Article 8, and you must leave. Registration typically costs R$ 800 to R$ 2,500 and takes about two weeks, which is trivial compared with an unplanned relocation.

Do I need to be in Brazil to sign the contract?

No. You can sign electronically with a gov.br or ICP-Brasil certificate, or through a platform signature, and you can appoint a representative with a power of attorney notarized abroad and apostilled under the Hague Convention. If the document is in another language, it will need a sworn translation to be used before a Brazilian registry or court. The one thing you should not delegate blindly is the move-in inspection, which is your only defence against damage claims later.

Can I break the lease early if my visa or job situation changes?

Yes, with a fine proportional to the remaining term under Article 4 of the Tenancy Law. On a 30-month lease at R$ 5,000 with a three-month fine, leaving with 10 months left costs about R$ 5,000. The law also exempts tenants transferred by their employer to another locality, provided you give the landlord 30 days’ written notice and proof of the transfer. Always formalise the exit with a written termination and a signed key handover receipt.

Is rent adjusted every year, and by how much?

Brazilian law allows adjustment only once every 12 months, normally by IGP-M or IPCA as stated in the contract. If the index for the period is 4.5% and your rent is R$ 4,500, the new rent is about R$ 4,702. A contract that allows adjustment every six months, or that lets the landlord set a new rent freely, contradicts the annual-periodicity rule and can be challenged. You can also file a revisional action after three years if the rent falls out of line with market values.

Get Your Brazilian Rental Contract Reviewed Before You Sign

A lease review in Brazil is not a formality. It is the difference between a contract that survives a sale, a dispute or an early departure, and one that quietly transfers every risk to you. Our bilingual team reviews rental contracts clause by clause, negotiates the guarantee structure directly with agencies, and handles the notarization and registry steps so your lease is enforceable against anyone, including a future owner.

Send us the draft contract and the property’s matrícula before you transfer any money, and we will tell you exactly which clauses to change.

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Originally published at Ribeiro Cavalcante Advocacia