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New Rental Law Redefines Leases in 2025, Requires Everything in Writing, Limits Guarantees, Details Rights and Obligations, Prepares Extra Taxation Band for Large Landlords, and Reorganizes Eviction Rules that Directly Impact Millions of Tenants Across Brazil, from Houses, Studios, Apartments, and Commercial Spaces.
The new rental law is already in effect in Brazil and marks a turnaround in the rental market. In 2025, with effects already felt and reported according to the portal O POVO, the update of the Tenant Law redefines contracts, guarantees, evictions, and taxation on rented properties.
In practice, the Rental Law will require written contracts, limit the use of guarantees, reinforce the obligations of landlords and tenants and connect to the Tax Reform that, between 2026 and 2033, will change the way taxes are collected from those who live on rental income.
Mandatory Written Contracts and Clauses That Must Not Be Missing
According to the portal O POVO, one of the central points of the new rental law is that every contract must be formalized in writing. Verbal agreements to define rent, term, or adjustments are no longer acceptable. The document will clearly state how much will be paid, how it will be paid, and for how long the rental will last.
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The contract must also indicate which index will be used for rent adjustments, such as the IPCA, and which type of guarantee will be chosen. The options include deposit, guarantor, rental guarantee insurance, and capitalization bond.
In practice, these changes update aspects of the Tenant Law, Law 8,245 of 1991, making sure that all conditions are transparent from the first month to avoid surprises in the middle of the rental period.
Limit on Guarantees to Prevent Abuse
Before the update of the rental law, it was common for landlords to try to require more than one guarantee at the same time, which put many tenants in a difficult situation. Now, the rule is clear and simple. The landlord can only choose one type of guarantee per contract, whether it be deposit, guarantor, rental guarantee insurance, or capitalization bond.
This limit aims to cut abusive practices and facilitate access to rental properties for families who do not have several people to serve as guarantors or resources to offer more than one type of guarantee. The idea is that the risk is shared more equitably between those renting and those offering the property.
Duties of Landlords and Tenants More Detailed
The new rental law also deepens the division of responsibilities within the property. The landlord remains responsible for structural work, renovations that involve the safety of the building, and extraordinary condominium expenses, such as major works in common areas.
The tenant, on the other hand, must keep the property in good condition, take care of small day-to-day repairs, and cover ordinary expenses, such as condominium fees, water, and electricity bills, whenever this is specified in the contract. In summary, those who own care for the structure, and those who occupy care for day-to-day use.
Adjustments, Termination, and Return with Less Room for Dispute
Another important axis of the Rental Law is the standardization of adjustment, termination, and return procedures for the property. The new rules aim to clarify when the rent can be adjusted, how notice of departure must be given, and what the conditions are for returning the keys.
With a more objective model, it becomes easier to prove what was agreed upon in case of discussion. This tends to reduce conflicts, avoid unnecessary lawsuits, and accelerate agreements, as both tenants and landlords know in advance what the steps are to follow in case of moving, delay, or breach of contract.
Eviction Remains Judicial, but with Reinforced Criteria
Even with the new Rental Law, eviction remains a measure that requires court authorization.
The landlord cannot simply remove the tenant from the property on their own. The process remains reserved for specific situations, such as non-payment, improper use of the property, or breach of contract clauses.
The changes reinforce the importance of documenting everything in writing and respecting the tenant’s defense rights.
The eviction process must be analyzed by the court, which assesses the contract and the concrete situation before determining the tenant’s removal. The proposal is to ensure more balance between protecting property rights and protecting housing rights.
Connection with the Tax Reform and New Taxes
The Rental Law arrives in parallel to a major reorganization of taxes in the country. Starting in 2026, the Tax Reform will begin replacing taxes such as ISS, PIS, and Cofins with two new taxes, the IBS, Tax on Goods and Services, and the CBS, Contribution on Goods and Services.
This transition, expected to occur gradually until 2033, changes the way rental income will be taxed.
The combination of the new contract structure and the new taxes tends to make it more visible how much tax is paid on each property and how much actually goes into the landlord’s pocket.
Extra Taxation for Those with Many Rented Properties
A sensitive point for large landlords is the provision for an additional taxation band on rental income.
According to the new rules, those with more than three rented properties and earning more than 240,000 reais per year from rent may be included in a new taxation band starting in 2027.
In practice, the Rental Law signals that the income of those who rely heavily on rental income is likely to be more monitored and taxed than that of those who own only one or two properties to supplement their family income.
The idea is to align this activity with other businesses that already pay more robust taxes.
Brazilian Real Estate Registration and Combating Informalities
Another pillar of the change is the Brazilian Real Estate Registration, the CIB, expected to start operating in 2026. Each property in the country will have a unique identification code, which facilitates tracking properties and rental contracts throughout the national territory.
With this registration, it becomes more difficult to keep properties completely off the public radar. The expectation is to reduce fraud, decrease informalities, and increase security in rental relationships that today still occur without proper registration of key information.
Direct Impact on Millions of Tenants and Landlords
For tenants, the changes bring both protection and new responsibilities. The tenant gains a more detailed contract, with clear rules on rent adjustments, return, and eviction, as well as greater security against abusive guarantee demands.
In return, they must assume the responsibility to comply with what is written, keep the property in good condition, and pay on time.
For landlords, the Rental Law offers more legal security, standardized contracts, and an environment with fewer uncertainties.
At the same time, the combination of CIB and Tax Reform increases scrutiny over rental income, especially for those who amass several properties. The message is clear. Informality loses ground, and rental operations fully enter the era of complete formalization.
How to Prepare for the New Phase of the Rental Market
In light of this scenario, the recommendation is for tenants and landlords to review old contracts, talk to real estate agencies, and seek legal support whenever they have doubts.
Understanding each clause, keeping proof of payment, and documenting any additional agreements in writing help avoid problems in the future.
For those thinking of investing in rental properties, the Rental Law and tax changes require more planning. It’s worth calculating the impact of fees, taxes, and potential vacancy periods.
After all, rental income continues to be an important source of income, but now with stricter rules, greater transparency, and a higher level of control.
And you, how do you think the new Rental Law will impact your finances and rental contract in the coming years?
pra quem votou nesse governo…faça um L bem grandao…ele so que saber de arrecadar
Governo que so tributár , engano de quem pensa que sera bom pro 02 lados .
Vai fiscalizar que recebe e quem paga .
Simples assim!
Uma coisa que ninguém fala e que acho errado é o inquilino pagar imposto do imóvel já que o proprietário usa para ganho mensal, o imposto predial deve ser pago pelo proprietário, coloca isso em lei e ajudara muito.
Se esta usando o imóvel paga imposto… simples assim, do contrário ai sim é despesa do proprietário… quer moleza né
No final quem vai pagar é o inquilino, ou você acha que esses impostos não serão repassados pro inquilino. Questão de raciocinar.