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Lessor and lessee: clear your doubts about the rental agreement

Lessor and lessee: clear your doubts about the rental agreement


There are countless reasons that lead someone to rent a property, among them, we can highlight the need to find a suitable residence to accommodate the family. However, this is not an easy task and, to be successful, it is necessary that the landlord and tenant are well aware of the rules of the rental agreement.

Is it your goal to learn about property leasing regulations before closing a lease? In this article we selected some information for you to clear your main doubts about this process. Come on?

What information does a contract need to have?

There is no specific rule about data that must be included in a rental agreement, but the document must contain all the information necessary to guarantee the rights of the landlord and the tenant.

For example, it is important that details are in writing about the conservation of the property, personal data of the lessee and the guarantor (if one is requested), rent amount, payment date, fines for late installments or contract termination, duration of the agreement and the form of adjustment adopted.

What documents are required for the contract?

It is customary for the landlord to require identity documents, CPF and proof of income. In some cases, a criminal record certificate is required.

When the agreement asks for a guarantor, it is necessary to present some of his documents, such as: identity, CPF, marriage certificate (if married) along with the identity and CPF of the spouse, proof of income and certificate of ownership of a property without debt of property tax.

What guarantees can the owner ask for?

By law, it is not necessary for the tenant to present a guarantee to rent a house, however, it is very difficult for a landlord not to require this precaution. Generally, the guarantees required are:

  • guarantor: someone trusted by the tenant who assumes responsibility for paying the rent in the event of late payment;
  • Surety insurance: the lessee pays in cash or in installments an amount a little higher than the rent. Thus, upon failure to pay a monthly fee, the insurance covers this amount to the lessor;
  • Damage deposit: this amount is requested in advance by the owner as a precaution to avoid possible damage. Normally, the amount of this advance is three times the rent, and at the end of the contract the landlord will return the sum deposited by the tenant, corrected by the savings interest.

Who must pay the various fees?

According to the law, IPTU and condominium fees must be paid by the tenant. On the other hand, the owner should not charge the fee for maintenance of the property, as these repairs are the responsibility of the tenant.

How should the rent be paid?

This issue needs to be agreed between lessor and lessee, as there is no specific rule for this matter. However, electronic transfers are highly recommended as they are simpler, faster and safer.

Rent readjustment and revision: is there a difference?

There is a contrast between the two. In the case of the adjustment, the rent amount is updated every year based on national rental value indexes. On the other hand, the review occurs when the contract monthly fee is increased or decreased through an agreement between the parties.

Can the tenant leave the property before the end of the contract?

The tenant has that right. However, a fine is paid for this termination and will be proportional to the time left to terminate the contract. That is, the more premature the breach of the agreement, the greater the value.

However, the lessee is exempt from the termination fine because he was transferred by a company to another region, but the lessor needs to be notified thirty days before the property is vacated.

Can the term of the agreement between lessor and lessee be extended?

Of course yes. For this, the consent of those involved in the rental contract is required. If there is a positive agreement, the lessor may, at the end of the stipulated period of the tenant’s stay, generate a new document with an “indefinite term” and, thus, grant permission for the lessee to continue living in the property.

What basic responsibilities does the tenant have?

Among the main obligations of the lessee are:

  • pay off monthly rent installments;
  • keep the property in good condition;
  • deliver the property to the owner in the state it was in when the tenant entered it;
  • Allow the owner to enter the residence for inspections (provided they are scheduled).

Can the tenant renovate the property?

A renovation for improvements or improvements can be made by the lessee as long as the lessor is notified in advance and grants permission to do so. But who will pay for these improvements? In this case, the landlord is not obligated to bear the expenses, but there may be an agreement between the parties for the costs to be deducted from the rental amount.

However, expenses for structural reforms, caused by third parties or wear and tear, are borne by the lessee.

And what main responsibilities does the owner have?

The landlord must deliver the property in good condition, so it is essential to be in the agreement the description of the property and in what condition it was delivered to the tenant. In addition, the owner of the property must strictly comply with the rules stipulated in the agreement.

Can the house be sold during the contract period?

The owner has this right to his property. Despite this, some aspects must be respected, such as: the tenant has preference in the purchase of the property, buyers can visit the residence on the day and time previously scheduled by the lessor and lessee, and the property owner must give a period of ninety days to your vacancy.

If the new owner wants to rent the residence, there will be a lease transfer, and the tenant can stay in the property.

What if the tenant returns the defective property?

Under the tenancy law, the tenant must deliver the property in the same conditions in which it was received, otherwise the owner may file a lawsuit against him.

Despite being an arduous task, it is very rewarding when we find a property that fits right into our needs. Even better, it’s when we have the peace of mind of having a rental contract that guarantees our rights. So, follow the suggestions in this article and be very happy in your new home!

What did you think of our article? Did he answer your questions about the responsibilities of the lessor and lessee? Do you have any more questions? Leave your comment in the post!