Tenancy Law: How It Works and What You Need to Know

Tenancy Law


If you are interested in finding a place to rent, get to know the Tenancy Law to know all your rights and duties as a tenant, whether in a house, an apartment, or even a room.

There are rules provided by this Law that must be followed for greater comfort and also to avoid headaches after renting your new home.

What is the Tenancy Law?

This Law is what regulates this rental market, it must be known to both the landlord and the tenant.

The Tenancy Law regulates the relationship between the owners from the signing of the contract to the return of the keys. Delivery of keys after contract.

The term of the contract can be for a fixed period or even indefinite. If you have a deadline already set, your renewal is automatic and occurs after the end of this agreed period, but if the time has not been set, it ends if payment is not made.

Lease Types 

The locations are divided into three types so that each of them can be treated in a detailed and individual way.

Residential lease

Its term has a term of 30 months, which is like a regulation, as with this term there is the option of having the property requested at any time after this contract period.

Facade of a one-story house, with a hammock, large yard with pets and vases with flowers.

Residential lease.

However, there is no type of prohibition for a period shorter than 30 months, in which the property can only be repossessed within some specific criteria of the so-called “full denunciation”.

Another issue is that with this 30-month contract the owner will be covered by the Tenancy Law; in a smaller contract, this is no longer possible.

However, 30 months can be a long time for the tenant. What can be done to please both parties is: make the 30-month contract containing a clause with less time, for example 12 months, that is, after 12 months, as long as the lessee makes the notification to the owner, he can leave of the property.

Seasonal rental

This type of lease is like a temporary residence, most commonly used for leisure, courses, treatment of illnesses, among others. Therefore, this lease is only carried out for a specific period, which must not exceed 90 days.

Image of a residence overlooking the sea. The rental of vacation homes can also be regulated by the Tenancy Law. Temporary rental for leisure.

If, after the end of the set term, the lessee still remains in the property for more than 30 days without the lessor having any opposition, the lease will be extended indefinitely.

Non-residential or commercial lease 

Non-residential leasing guarantees the protection of commerce and establishes maximum security issues for its tenants.

The lessee has the right to renew the contract regardless of the lessor’s will or not.

However, this right to renew the contract will not be valid if no action is proposed within one year to six months before the end date of the contract term.

Rights and duties

It is very important to know all the rights and duties of both parties, so that it is easier to understand the clauses of the contract.

Tenant Rights

The property must be in perfect condition for receipt

It is the tenant’s right to receive the rented property with perfect living conditions; if he does not receive it this way, he will be able to complain to the real estate agency.

Exemption from some condo fees

If the rented property is part of a condominium, the tenant must only bear the fees related to the maintenance of the condominium, payment of salaries, janitorial, replacement of reserve fund, and cleaning.

Extraordinary expenses, which are those atypical expenses, such as structural reforms or workers’ compensation, are not the responsibility of the tenant, but of the lessor.

Indemnity for reforms and improvements

If any repairs to the property are necessary, the tenant has the right to be reimbursed, as long as this reform fits into the modality of necessary improvement.

Necessary improvements are those that maintain the condition of use of the property. Some examples of these conditions are electrical installations, plumbing repairs, among others.

Tenant’s Duties

Pay rent and other expenses on time

The tenant’s first duty is to keep up with all the expenses established in the lease agreement, such as the payment of rent, condominium fees, among others. The form of payment must also be the one agreed in the contract.

Failure to comply with this responsibility may result in an Eviction Action. In addition, the tenant will have to pay what he owes the landlord, with appropriate interest.

Return the property in the same way you received it

The property must be returned as it was before the move. The real estate agency carries out a final inspection and they consider all the conditions that were registered in the first report.

If the property is not returned in the same condition as it was received, a certain time is given for the necessary repairs to be made. If repairs are not carried out, the tenant may be fined.

Respect condominium regulations

Even though they do not own the property, tenants must comply fully with the code of rules established by the condominium. This is determined by the Law of Tenancy.

If there is any breach of the rule and the property undergoes any punishment, who should bear all the responsibilities is the tenant, being a fine or some other sanction.

Breach of contract under the Tenancy Law

If the tenant breaks the contract, payment must be made in proportion to the period agreed in the contract. If there is no established deadline, the percentage of amounts may be in the contract.

https://live.apto.vc/wp-content/uploads/2021/01/Lei-do-inquilinato_quebra-de-contrato.jpg Breach of contract.

If none of the above determinations exist, the amounts can be requested in court.

It is important to say that, in most cases, in breaches of contract by tenants, a fine can be charged, but there is an exception which is when this breach of contract occurs due to a change in the tenant’s workplace, forcing him to be transferred.

Even so, it is always necessary that the owner is notified at least 30 days in advance so that there is no charge.