The rights and responsibilities in a real estate rental agreement ensure the safety and protection of both the landlord and the tenant.
It is crucial for the bond between landlord and tenant to be equitable and just, requiring the tenant to understand their obligations and entitlements outlined in Law No. 8.245/91, also known as the Tenant Law.
This article will examine the primary rights that guarantee tenants appropriate conditions for property use, along with the responsibilities they need to fulfill to uphold the contract’s integrity.
Who is the renter?
The tenant is the individual or entity that leases a property for a specified fee known as rent.
It is the portion that experiences benefits throughout the duration of the agreement, as long as it meets the specified requirements.
Procedural deadlines counting regulations are outlined in Article 231 of the Civil Procedure Code.
What rights does the tenant have?
The tenant’s rights aim to safeguard their occupancy and guarantee suitable conditions for using the property throughout the rental duration.
Receive the item in a satisfactory state.
The tenant has the right to receive the property in suitable conditions for the intended use as specified in the agreement.
Legal foundation: Article 22, Section I of Law No. 8,245/91.
The tenant must comply with Article 22 of Law No. 8,245/91.
I will provide the tenant with the rental property in a condition suitable for its intended use.
Peaceful utilization of the property
The tenant has the right to utilize the property without any disruptions from the tenant or third parties.
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 undisturbed use of the rented property.
Please provide evidence of payments.
The tenant can ask for detailed receipts for all payments made, including rent and fees.
Art. 22, VI of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 22 of Law No. 8,245/91.
Provide the tenant with a detailed receipt emphasizing the significance of this payment, as specified in the general discharge.
Return of a deposit or security.
If the tenant has no remaining debts at the conclusion of the contract, they have the right to receive back all financial guarantees, such as deposits or bonds.
Legal foundation: Article 38, paragraph 2 of Law No. 8.245/91.
The deposit can be in personal property or real estate.
The deposit, limited to three months’ rent, must be placed in a savings account approved and overseen by the Public Power. The tenant will receive all the benefits from the account when withdrawing the deposit.
Renter’s responsibilities include?
The tenant is responsible for ensuring the property is used properly and fulfilling the contract obligations.
Article 23 of the Law of Inquiline provides a thorough explanation.
Pay your rent and fees on time.
The tenant is obligated to make the necessary rent and fees payment by the deadline specified in the agreement or by the sixth business day of the following month if no specific time is mentioned.
Legal foundation: Article 23, Section I of Law No. 8,245/91.
The lessee 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 date is mentioned.
Use the property in accordance with the agreement.
The tenant is required to use the property as stated in the contract and maintain its condition and usability.
Art. 23, II of Law No. 8,245/91 provides the legal foundation for this.
The tenant must comply with Article 23 of Law No. 8,245/91.
If you borrow something belonging to others for an agreed or assumed use, you must handle it with the same care as if it were your own.
Restore the property to its initial condition.
The tenant is required to return the property in the same condition it was received at the conclusion of the contract, excluding normal wear and tear.
Art. 23, III of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
Restore the property to its original condition, except for any wear and tear from regular use, terminate the lease.
Convey information about harm and cloudiness.
The tenant needs to notify the landlord of any property damage or external disturbances affecting its usability.
Legal foundation: Article 23, IV of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
Promptly inform the recipient about any damages or defects that arise during the task, as well as any external interferences.
Carrying out repairs for inflicted harm
The renter is responsible for covering the costs of any repairs needed if damage is caused to the property by themselves or others under their care.
Art. 23, V of Law No. 8,245/91 provides the legal foundation.
The lessee must comply with Article 23 of Law No. 8,245/91.
To promptly fix any damages found on the property caused by the tenant, their family, visitors, or themselves.
Do not alter the property unless you have permission from the owner.
Any alteration to the property, whether internal or external, requires written consent from the tenant in advance.
Legal foundation: Article 23, Section VI of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
Do not alter the appearance of the property, inside or outside, without the hirer’s written permission.
Provide the renter with the necessary collection and subpoena paperwork.
The tenant must promptly transfer to the landlord any payments, penalties, or legal orders received from authorities, even if they are addressed to the tenant.
The rental company is knowledgeable about legal or financial matters that may impact the property.
Art. 23, VII of Law No. 8,245/91 serves as the legal foundation for this.
The tenant must comply with Article 23 of Law No. 8,245/91.
Hand over the tax and condo fee collection documents, as well as any legal notices or fines from public authorities, to the tenant promptly.
Pay for the costs of services used.
The tenant is accountable for personal utility expenses like phone, electricity, gas, water, and sewage.
This regulation guarantees that the tenant is responsible for expenses associated with using the services provided on the property.
Legal foundation: Article 23, section VIII of Law No. 8,245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
VIII – cover the costs of telephone and electricity usage, lighting and gas, water, and sewage.
Allow entry permits and trips
During the rental period, the tenant must permit property inspections and visits by interested parties, as long as they are prearranged and at convenient times.
Art. 23, IX of Law No. 8,245/91 provides the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
Allow the renter or their agent to view the property by scheduling a specific day and time, and also permit third parties to visit and inspect the property as outlined in Article 27.
Follow the condominium regulations.
Tenants are required to follow the rules and internal regulations of the condominium to ensure that their behavior aligns with the community’s standards and collective interests.
Legal authorization can be found in Article 23, Section X of Law No. 8.245/91.
The tenant must comply with Article 23 of Law No. 8,245/91.
X – adhere completely to the rules and regulations of the condominium.
Pay the bond insurance prize
If the contract stipulates it, the tenant must cover the cost of bail insurance, which serves as a guarantee for the tenant’s payment of rent and leasing fees.
Art. 23, XI of Law No. 8,245/91 serves as the legal foundation.
The tenant must comply with Article 23 of Law No. 8,245/91.
XI – make the payment for the bail insurance premium;
Pay regular condominium fees
The tenant is responsible for covering the regular condominium costs, such as maintenance, upkeep, and management of shared spaces and necessary services.
These costs are essential for the condominium to operate effectively and for the property to be used appropriately.
Art. 23, XII of Law No. 8,245/91 provides the legal foundation for this.
The tenant must comply with Article 23 of Law No. 8,245/91.
XII – cover the regular costs of the condominium.
What happens if the Renter does not meet their obligations?
The tenant’s failure to meet responsibilities in a lease agreement can lead to various outcomes, which vary based on the type of breach.
Among the primary ones are:
- The agreement can be ended by the lessor if there is a default, such as failure to pay rent or other serious breaches outlined in Article 9 of the Tenant Law.
- The landlord can take legal action to regain possession of the property if the tenant stays there after defaulting on payments.
- The tenant has the option to pursue payment of owed amounts through either legal or non-legal means, such as late rent, fines, and charges.
- Many contracts include a penalty for failure to meet obligations, like late payments or leaving the property before the agreed-upon date.
- If the contract is secured, the leaser can use these guarantees to cover losses resulting from non-compliance.
- Registering with credit protection agencies like SPC and Serasa may occur due to unpaid rents and late fees.
- The tenant may need to be compensated if they damage the property or do not fulfill the contract’s conditions.
- The tenant who fulfills obligations might face challenges when trying to renew the contract or discuss new terms.
These outcomes are designed to maintain the contractual equilibrium, protect the tenant’s rights, and mitigate losses resulting from the tenant’s dishonesty or carelessness.
The significance of the tenant in maintaining contract stability.
The leasing agreement is guided by obligations and responsibilities designed to promote a harmonious and equitable relationship between the landlord and the tenant, as outlined in the Tenancy Law.
The tenant has legal protections ensuring peaceful use and legal security of the property, but must also adhere strictly to contractual and legal responsibilities.
Respecting these rules not only avoids conflicts but also enhances trust and stability in local relationships, benefiting all parties.
View the article about: Rental address: How it operates.
