One Clause Keeps Your Brazil Lease Alive
Without it, 90 days notice and you are out
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
One Clause Keeps Your Brazil Lease Alive
Without it, 90 days notice and you are out
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
You signed a 30-month lease in Portuguese you could not fully read. Eight months later the owner sells the building. The new owner has every right to send you a notice.
90 days
That is all the notice a new owner needs to end your lease
Nothing about it is illegal. Article 8 of Law 8.245/1991 allows it, unless your contract carries the clausula de vigencia registered at the Registro de Imoveis.
✘ Mito
Myth: a fixed-term contract already protects me
✓ Verdade
Truth: fixed term, continuity clause and registration must exist together
Fixed-term contract in writing
Clausula de vigencia included
Registered at the Registro de Imoveis
R$ 800
Registration starts here, up to R$ 2,500 by state and rent value
Dica
Registration also secures your direito de preferencia. If the owner sells, you must be offered the property first, and you can challenge a sale that ignored you within six months.
Can the landlord ask for a deposit and a surety bond?
No. Demanding two guarantees at once is treated as a criminal misdemeanour by the landlord.
Protect the home you built in Brazil before the paperwork protects someone else