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What is a lease agreement?
A lease agreement is the legal document that formalizes the rental of a residential property between landlord and tenant in Brazil. It is governed by the Tenancy Law (Law 8,245/91) and sets out the rights and obligations of the parties.
It defines the rent amount, term, guarantees (security deposit, guarantor, rent insurance), annual adjustment, maintenance obligations, and termination conditions.
For residential properties, the agreement may provide for a security deposit of up to 3 months' rent, a guarantor, rent insurance, or a fiduciary assignment of shares — only one of these guarantees at a time.
When should you use this agreement?
Use this document if:
- You're going to rent out or rent a residential property as landlord or tenant
- You want an agreement that complies with Law 8,245/91
- You need to define the rent, term, guarantee, and adjustment index
- You're going to register the agreement at a titles and documents registry office
- You want to formalize the inspection, property tax (IPTU), and improvements
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Residential lease agreement: template compliant with Law 8,245/91
A lease agreement is the document that formalizes the rental of a residential property in Brazil, governed by the Tenancy Law (Law 8,245/91). It sets out the rent amount, the term, the guarantees, the adjustment method, and the rights and obligations of the parties.
Our template covers all the essential clauses: identification of the parties, description of the property, term, rent amount and adjustment, guarantees (security deposit, guarantor, rent insurance), charges such as property tax (IPTU) and condominium fees, inspection, improvements, upkeep obligations, and termination methods.
After signing, we recommend registering the agreement at a titles and documents registry office to ensure it is enforceable against third parties, especially if the property is sold. Keep copies for both parties and store them together with the move-in inspection.
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