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The 2nd Article of the Tenancy Law Establishes Joint Liability Between Landlords and Tenants, Which Can Generate Unexpected Charges in Rental Agreements.
The 2nd Article of the Tenancy Law is little known but can have serious consequences for those sharing a rented property. According to real estate lawyer Francisco Gentil, if there is more than one landlord or more than one tenant in the contract, the law understands that all are jointly liable, unless otherwise stated. This means that a tenant may end up being required to pay the debt of a roommate or even face eviction action, even after having fulfilled their part.
This rule also applies to landlords. If the property has two owners, both are considered jointly liable, which directly impacts rental payments, the imposition of fines, and even the renewal of the contract.
According to the lawyer, many rental agreements follow this logic without the parties involved having full awareness of the risks.
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What Joint Liability Means
In practice, the Tenancy Law allows the owner to collect the full rent from any of the tenants.
This means that if one pays their share and the other does not, the property owner can charge the total amount from the one who paid correctly. The tenant who assumes the debt of the roommate may seek reimbursement in court later.
An example cited by Francisco Gentil shows two tenants, João and Pedro, who share a rent of R$ 2,000. Even if João pays his R$ 1,000, if Pedro does not pay his part, the owner can charge João directly for the remaining amount.
This possibility surprises many tenants who believe they are protected by paying only their share.
When There Are Two or More Landlords
Joint liability also applies to the landlord’s side. If the property belongs to two siblings, for example, both are equally responsible for the obligations of the contract.
If the contract provides for indemnification or fines for noncompliance, any of the landlords can be held liable.
However, the Superior Court of Justice has already decided that the renewal of the contract requires the signature of all landlords.
On the other hand, for eviction or collection actions, it is sufficient for one owner to file the process against all tenants, as joint liability is recognized in court.
Judicial Actions and Practical Consequences
Another point highlighted by Francisco Gentil is that, in an eviction or collection action, all tenants of the contract must be included in the passive pole. This is because the sentence will equally affect all residents linked.
The owner is not allowed to sue only one tenant, leaving the other out.
Furthermore, in the case of landlords, full payment to only one of the owners is usually accepted as valid. However, if the contract specifies different accounts for each owner, the court may understand that the division must be respected.
This difference can create legal insecurity if the contract is not well-drafted.
Why the Tenancy Law Brings This Model
While the Civil Code provides that joint liability only applies if expressly stated in the contract, the Tenancy Law creates an exception: joint liability is presumed by law whenever there is more than one landlord or tenant.
The goal is to facilitate collection and provide more security to the owner, but in practice puts tenants at risk.
Therefore, experts recommend that, in addition to the formal rental contract, tenants establish internal agreements among themselves, defining responsibilities and potential penalties in case of default. This can prevent losses and future litigation.
Is It Worth Worrying?
According to lawyer Francisco Gentil, those sharing rent should be cautious. The ideal is to converse with the roommate, record each person’s obligations, and, if necessary, formalize a private contract.
This way, in case of default, there will be a document to support any potential judicial collection.
Landlords should also carefully evaluate the contract wording, ensuring that the terms are clear regarding payment collection and responsibilities.
A lack of attention to these details can lead to unexpected disputes and judicial decisions.
The 2nd Article of the Tenancy Law demonstrates how shared renting can present risks beyond the expected.
Legal joint liability means that both landlords and tenants can be held accountable for others’ debts, which requires caution and planning.
Have you ever experienced a similar situation in rental contracts? Do you believe that the joint liability established by the Tenancy Law is fair or detrimental to those who fulfill their part?
Share your opinion in the comments and help enrich the discussion.
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