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Text Approved by the Constitution and Justice Committee Allows Monthly Rent Discount Directly from Payroll, Amends Existing Laws, Defines Percentage Limits of Income, and Forwards the Proposal for Review by the Federal Senate
The Constitution and Justice and Citizenship Committee of the Chamber of Deputies approved a bill that permits workers with formal employment, public servants, retirees, and pensioners to deduct residential rent directly from their salary or benefit, with a limit of 30% of net remuneration and new rules for payroll deduction.
The analyzed proposal is progressing in a conclusive manner and will be sent to the Federal Senate, unless a request for consideration by the Chamber Plenary is presented. To come into effect as law, the text still depends on approval in both Houses of the National Congress.
The approved text corresponds to the substitute presented by the rapporteur, Deputy José Medeiros, from the PL of Mato Grosso, to Bill 462/2011, authored by Deputies Julio Lopes, from the PP of Rio de Janeiro, and Paulo Abi-Ackel, from the PSDB of Minas Gerais, as well as attached propositions.
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According to the rapporteur, including residential rent among the types of optional payroll deductions is expected to generate greater legal security in lease contracts and a direct impact on the functioning of the residential real estate market by ensuring predictability in receiving payments.
In a statement recorded during the proceedings, Medeiros stated that the possibility of payroll deductions for residential rent payments is appropriate within the existing system of authorized salary deductions, expanding formal mechanisms for contractual guarantees.
Legal Changes Approved by the CCJ
The approved substitute promotes simultaneous amendments to the Tenancy Law, Law No. 8,245 of 1991, and the Payroll Loan Law, Law No. 10,820 of 2003, incorporating residential rent into the set of operations eligible for payroll deductions.
With this change, the payment of rent and charges related to housing will be classified as an optional deduction, depending on the express authorization of the employee, public servant, retiree, or pensioner, as stipulated in the lease agreement made between the parties.
The authorization for the payroll deduction will be irrevocable and unalterable while the lease contract is in effect, as established in the approved text, prohibiting unilateral cancellation during the contractual term without observing the legal conditions provided.
The specific amount eligible for deduction for rent and housing charges shall not exceed 30% of the net remuneration of the worker, retiree, or pensioner, considering net remuneration as the amount after mandatory deductions.
In addition to the individual limit, the bill redefines the overall margin for payroll deductions, setting a ceiling of 40% of net remuneration, divided among different modalities authorized by law and already existing in the payroll credit system.
Of this total, up to 35% may be allocated to loans, financing, leasing agreements, and residential rent, while the remaining 5% is reserved exclusively for expenses or withdrawals made via payroll credit card.
Scope Among Workers and Beneficiaries
The approved text applies to employees governed by the Consolidation of Labor Laws, public servants, retirees, and pensioners, extending the possibility of payroll deductions also to beneficiaries of the General Social Security System.
In the case of retirees and pensioners, the authorization for payroll deduction must observe the norms established by the agency responsible for paying the benefit, maintaining an irrevocable and unalterable nature while the lease contract is in effect.
The proposal also allows the guarantee through payroll deduction to be offered by either one or both spouses, or even by more than one tenant, as provided in the contract, expanding the possibilities for contractual composition.
The deduction will only be suspended upon presentation of the termination of the lease contract duly signed by the landlord or by replacing the guarantee with another modality provided in the Tenancy Law, with a minimum advance notice of 30 days.
Rules in Case of Dismissal or Contract Termination
The approved bill introduces a specific rule for situations of termination of the employment contract or transfer of the employee when the lease contract is guaranteed by payroll deduction.
In these cases, the tenant will be exempt from paying the termination penalty for early return of the property, provided that the owner is notified in writing at least 30 days in advance, as established in the legal text.
The exemption from the penalty also applies when the return of the property results from a transfer of the worker, by their public or private employer, to a different location than where the residential lease contract began.
This provision will become part of Article 4 of the Tenancy Law, adjusting existing provisions to harmonize the new type of lease guarantee with the current rules on contract termination.
Administrative Penalty and Employer’s Duty
The approved substitute establishes a specific penalty for the employer who implements the deduction of rent from payroll and does not pass the funds on to the landlord or the responsible financial institution.
In these cases, the employer will be subject to an administrative fine of 30% on the total amount withheld and not transferred, without prejudice to the application of other sanctions provided in labor, civil, and criminal legislation.
The penalty is provided for in an amendment to the labor legislation and also considers the situation of non-full payment of remuneration within the legal deadline, expanding the employer’s scope of liability.
The text explicitly mentions the application of the double-visit criterion in inspections, as provided in the Consolidation of Labor Laws, in addition to the possibility of adopting other applicable administrative measures.
Processing and Consolidation of Proposals
During the processing, three legislative proposals were analyzed jointly. In addition to Bill 462/2011, Bills 2,848/2011 and 4,091/2012, which addressed similar topics, were joined.
The three matters were initially approved by the Committee on Labor, Administration, and Public Service, in the form of a substitute, before proceeding to analysis by the Constitution and Justice and Citizenship Committee.
In the CCJ, no amendments were presented within the statutory deadline, and the rapporteur concluded that the proposals were constitutional, legally valid, and well-crafted legislative measures, recommending the full approval of the consolidated text.
According to the presented report, the requirements for formal and material constitutionality were observed, as well as the rules for legislative initiative and the parameters established by Complementary Law No. 95 of 1998.
Next Steps in the National Congress
As it is being processed in a conclusive nature, the bill approved by the CCJ will be sent directly to the Federal Senate, unless there is an objection for consideration by the Plenary of the Chamber of Deputies.
In the Senate, the proposal will still go through the appropriate thematic committees and, if approved without changes, will proceed to presidential sanction. Any changes will require a new review by the Chamber.
The text establishes that the law will come into effect on the date of its publication, if sanctioned, revoking specific provisions of the Tenancy Law that become incompatible with the new payroll deduction system.
Tendo como relator um deputado do PL, boa coisa não se pode esperar.
Perderam as autoescolas com as novas leis da CNH, agora querem agradar as imobiliárias. Esses putos não dão ponto sem nó. Sem PL em 2026.
Segurança somente para o dono do imóvel!!! Se o imóvel apresentar problemas e vícios que o proprietário não corrigir e você quiser sair por isso, ficará preso com ele recebendo seu dinheiro e você na justiça brigando. É o congresso sempre realizando um desserviço para o povo. Congresso inimigo do povo.
Não vejo benefício nenhum nessa lei para o brasileiro. O povo brasileiro precisa de leis de redução e extinção de impostos, porque o que há de bitributação é fora de série, só mudam de nome e os percentuais altos, dificultando a vida do brasileiro.