Brazilian rental agreement with a guarantor
The guarantor answers with the tenant until the keys come back.
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Example
Example: an American renting in Florianópolis with a Brazilian colleague as fiador
John Sample, a US teacher living in Brazil, rents a flat in Florianópolis for 30 months from 1 November 2026 at R$ 3,200 a month, due on the 10th. His colleague Ana Exemplo, who lives in São José, signs as guarantor. All names, numbers and addresses here are made up.
- Landlord and tenant: name, nationality, marital status and occupation in Portuguese (norte-americano, solteiro, professor), CPF, ID number and address.
- Guarantee: Guarantor (fiador). Then Ana’s name, marital status (solteira), CPF and address.
- Term 30, start 2026-11-01, rent 3200 (3,200.00 works too), due day 10, index IPCA, IPTU paid by the tenant, court Florianópolis.
- Download: a two-page contrato de locação residencial with signature lines for landlord, tenant, guarantor and two witnesses.
| Clause | What the contract says |
|---|---|
| 2ª, term | 30 meses, de 1 de novembro de 2026 a 30 de abril de 2029; after that the landlord may end it with 30 days’ notice (art. 46) |
| 3ª, rent | R$ 3.200,00 (três mil e duzentos reais) by the 10th, by Pix or deposit; 10 % late fee, 1 % a month interest |
| 4ª, yearly rise | Every twelve months by the IPCA/IBGE |
| 5ª, costs | Tenant: IPTU, ordinary condominium fees, water, power, gas, rubbish fee |
| 6ª, guarantor | Ana Exemplo answers jointly with the tenant until the keys are handed back, even if the lease rolls on (art. 39), waiving the benefit of order |
| 8ª, leaving early | 3 months’ rent, reduced pro rata; none if his employer transfers him, with 30 days’ notice |
| Signatures | 3 (três) vias: landlord, tenant, guarantor, and two witnesses |
One contract in Portuguese, signed in three copies. With a term under 30 months, clause 2 changes: the lease then rolls on for an indefinite term, and the landlord can take the flat back only on the grounds of art. 47 — the tool writes that in for you.
How it works
- Enter landlord, tenant and property.
- Enter the guarantor.
- Enter term and rent.
- Download: three copies.
Frequently asked questions
- How long does the guarantor answer?
- Until the property is handed back, even when the lease rolls on (art. 39).
- Is this legal advice?
- No, it is a template.
- Why three copies?
- With a fiador the contract is signed in 3 (três) vias — one for the landlord, one for the tenant and one for the guarantor — with lines for two witnesses. With another guarantee it is two.
- What changes if the lease is shorter than 30 months?
- Clause 2 then says that when the term ends the lease rolls on for an indefinite term, and the landlord can take the property back only on the grounds of art. 47 of Lei 8.245/1991. From 30 months on, it says the landlord may end it with 30 days’ notice (art. 46).
- Is what I type uploaded?
- No. The PDF is made in your browser.