Tenant Privileges and Responsibilities under the Inquilino Law No. 8.245/91

The leasing arrangement is regulated by the Tenancy Law (Law 8,245/91), outlining the rights and responsibilities of both the landlord and the tenant.

The tenant, in addition to owning the property, must fulfill important contractual and legal obligations to promote a harmonious living environment and safeguard the tenant’s rights.

This manual offers a comprehensive understanding of the responsibilities and entitlements of the lessee as outlined in present laws.

How does the concept of pity of goods function under Article 835 of the Civil Procedure Code?

Who is Locator?

The renter is the individual or entity that owns a property and offers it for rent.

The property owner or their legal representative, like heirs, beneficiaries, or authorized guardians, may be involved. The focus is not on signing the lease contract.

The tenant must also make sure that the property is used properly, maintained well, and meet all contractual and tax responsibilities associated with renting the property.

What are the privileges of the Locator?

The tenant’s rights pertain to safeguarding their property, ensuring legal security in the tenant-landlord relationship, and meeting the tenant’s responsibilities.

They consist of:

Receive rental and fees as per contract

The tenant has the right to receive the payment of the agreed rents and fees outlined in the contract, including IPTU, condominium, and insurance costs, as long as they are clearly stated.

The tenant’s failure to comply may result in automatic collection or eviction proceedings.

Art. 23, I of Law No. 8.245/91 is the legal foundation.

The tenant must comply with Article 23 of Law No. 8,245/91.

I pay my rent and leasing fees on time, as required by the contract, either by the specified deadline or by the sixth working day of the following month if no specific due date is mentioned in the agreement.

Proper use of the property is necessary.

The tenant may insist that the property is used for the intended purpose specified in the agreement (residential or commercial).

Using it for a different purpose without permission is considered a breach of contract.

Legal foundation: Article 23, II of Law No. 8,245/91.

The tenant must comply with Article 23 of Law No. 8,245/91.

If you borrow something for a specific purpose, you should take care of it as if it were your own.

Summarizing the ownership in circumstances outlined by the law.

The tenant can ask for the property to be returned under these circumstances:

• At the conclusion of the lease agreement (Article 47).
• Housing requirements for oneself or family members (article 47, sections II and III).
• Tenant’s breach of contract (Article 9).
• Rents and charges are not allowed (Article 59, §1).

Legal foundation: Sections 47, 9, and 59 of Law No 8,245/91.

If a lease is agreed upon for less than thirty months, it will automatically extend indefinitely unless the property owner specifically requests its return.

In situations mentioned in article 9th.

The tenant’s occupation of the property may end if their employment contract is terminated.

III – if needed for personal use, your spouse or partner, or for the residential use of a parent or child who does not own residential property themselves; (…)

Rental agreements under Law No. 8,245/91 can also be terminated.

I – by mutual consent;

Due to the violation of laws or agreements.

III – as a result of failure to pay rent and other fees;

Urgent repairs mandated by the government may require tenants to vacate the property if their presence hinders or delays the repair process.

Eviction actions will follow the regular procedure due to the frequent changes in this section, as stated in Article 59 of Law No. 8,245/91.

Granting the injunction for vacancy should occur within fifteen days, without the need for a hearing with the other party, as long as a deposit equivalent to three months’ rent is made, in cases where this is the sole grounds for the action.

Modify rental price

The renter can ask for changes in the rental amount using financial adjustment indexes specified in the agreement.

If the rent is below the market rate, the rental company may suggest adjusting it to reflect the current value.

Legal foundation: Article 19 of Law No. 8,245/91.

The tenant can ask for a rent review in court to adjust it to market price if there is no agreement after three years of the contract or a previous agreement, as stated in Article 19 of Law No. 8,245/91.

Requesting repair for property damage

The tenant can ask for repairs or payment to cover damages if the property is harmed by the tenant or others for whom the tenant is responsible.

Legal foundation: Article 23, section V of Law No. 8,245/91.

The tenant must comply with Article 23 of Law No. 8,245/91.

To promptly fix any damages found in the property caused by the owner, their family, guests, or visitors.

Main articles of Special Law and an examination of Law 9.099/95 commented on.

What are the responsibilities of the Locator?

The tenor is responsible for maintaining the property’s quality and safeguarding the rights of the tenants.

Delivering the property in a satisfactory state

The rental company is obligated to offer the property for either residential or commercial use.

The delivery entails making sure essential facilities are in working order and, if needed, providing a report on the property’s condition.

Legal foundation: Article 22, sections I and V of Law No. 8,245/91.

The tenant must adhere to the regulations outlined in Article 22 of Law No. 8,245/91.

I will provide the tenant with the rental property in a suitable condition for its intended use.

Provide the tenant with a detailed description of the property’s condition upon delivery, including specific mention of any defects present, if requested.

Carry out repairs on the structure.

The tenor is responsible for performing structural maintenance and repairs that are not caused by the tenant’s regular use.

The tenant is responsible for resolving issues such as electrical or hydraulic infrastructure problems, roof defects, and damages that affect the property.

Legal foundation: Article 22, sections IV and X of Law No. 8,245/91.

The tenant must comply with Article 22 of Law No. 8,245/91.

Address any faults or flaws before signing the lease agreement.

X – cover the additional costs of the condominium.

Ensure that the tenant’s peace is maintained.

The tenant is responsible for ensuring the property is used without any disruptions or outside influences that could affect its peaceful enjoyment.

Legal foundation: Article 22, II of Law No. 8.245/91.

The tenant must comply with Article 22 of Law No. 8,245/91.

During the lease period, guarantee the peaceful utilization of the rented property.

Adhere to tax and contractual responsibilities

The tenant must cover taxes like IPTU and fire insurance costs, unless specified otherwise in the agreement.

It should also offer detailed receipts for all payments made by the tenant.

Legal foundation: Article 22, sections VI and VIII of Law No. 8,245/91.

The tenant must adhere to Article 22 of Law No. 8,245/91.

The tenant should be given a receipt that clearly shows the importance of the payment made, in accordance with the standard discharge.

Pay taxes, fees, and additional fire insurance premiums for the property, unless specified otherwise in the contract.

What happens if the Locator fails to meet their obligations?

Failure to meet responsibilities as stated in a lease agreement can lead to various outcomes, depending on the specific breach.

Some of the primary features are:

• The tenant can end the lease early if the landlord fails to meet their obligations, like not providing the property in a livable condition or not carrying out necessary repairs.
• The tenant can request a contractual fine or seek compensation for losses if they fail to fulfill their responsibilities, like not completing necessary repairs or neglecting property maintenance duties.
• If the tenant’s noncompliance results in harm to the tenant or the property, the tenant may be responsible for compensating for the damages caused.
• The tenant can request a decrease in the rent amount if the housing conditions are not met.

Legal foundation: Article 475 of the Civil Code in conjunction with Law No. 8,245/91.

The injured party can ask to cancel the contract due to the breach, instead of demanding compliance, and is entitled to damages either way.

The function of the Locator in the rental agreement

The tenant plays a crucial part in the community dynamic, responsible for safeguarding the property and upholding the contract’s legal validity.

Lawyers specializing in real estate law need to advise their clients on the responsibilities and boundaries of the tenant’s rights to maintain a fair balance in contractual relationships and prevent legal disputes.

A vehicle can be used as collateral for a loan when it is in the possession of a third party.