Brazilian rental agreement
A residential lease in Portuguese, on the tenancy law’s rules.
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Example
A 30-month lease in São Paulo at R$ 2.500 a month, with a 3-month deposit
A landlord lets a flat to a tenant from 1 February 2027. Typed: term 30 months, rent 2500, due on the 5th, IPCA index, IPTU paid by the tenant, guarantee “Deposit” of 7500, court São Paulo. The table shows what each choice becomes in the Portuguese clauses.
| Typed or chosen | Clause in the contract |
|---|---|
| 30 months from 2027-02-01 | prazo de 30 meses, de 1 de fevereiro de 2027 a 31 de julho de 2029 — and at the end the landlord may take the flat back without giving a reason (art. 46) |
| Rent 2500, due day 5 | R$ 2.500,00 (dois mil e quinhentos reais), a ser pago até o dia 5 de cada mês; late fee 10 %, interest 1 % a month |
| Index IPCA | reajustado a cada doze meses pela variação do IPCA/IBGE |
| IPTU: the tenant | the tenant pays the IPTU, ordinary condominium charges, water, power, gas and refuse (art. 23) |
| Deposit 7500 | caução em dinheiro de R$ 7.500,00 (sete mil e quinhentos reais), kept in a savings account (art. 38, § 2º) |
The contract ends with signature lines for landlord and tenant and two witnesses (name and CPF), in two copies. A deposit of 8000 is refused: “A caução não pode passar de três meses de aluguel … no máximo R$ 7.500,00.” A 12-month lease from 15 January 2027 would run to 14 January 2028 and say instead that it rolls on.
How it works
- Enter the landlord, the tenant and the property.
- Enter the term, rent, due day and index.
- Choose one guarantee.
- Download, print and sign with two witnesses.
Frequently asked questions
- Why 30 months?
- At 30 months or more the landlord can take the property back at the end without a reason (art. 46); a shorter lease rolls on and can only be ended on the grounds of art. 47.
- How large can the deposit be?
- Three months’ rent at most (art. 38, § 2º). The form checks it: with a rent of R$ 2.500 it accepts a deposit up to R$ 7.500 and refuses anything above, saying what the maximum is.
- Can I ask for a deposit and a guarantor?
- No — the law allows one guarantee per lease, so the form offers one choice: a deposit, a guarantor (fiador), rent guarantee insurance or none. With a guarantor the contract is signed in three copies and the guarantor signs too.
- Does it need witnesses?
- Yes: the contract ends with signature lines for both parties and for two witnesses, each with name and CPF, and says it is signed in their presence. Print it and sign every copy.
- Is this legal advice?
- No, it is a template.
- Is what I type uploaded?
- No. The PDF is made in your browser.