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Understand How Article 7 of the Tenancy Law Can Allow the Termination of a Rental Contract in Just 30 Days When There Is Extinction of Usufruct or Fideicommissum, and Why This Legal Detail Is Little Known Among Landlords and Tenants.
The Article 7 of the Tenancy Law (Law No. 8,245/1991) brings a rule that many are unaware of: rental contracts signed by usufructuaries or fiduciaries can be terminated in 30 days if the usufruct or fideicommissum is extinguished. In practice, this means that a tenant may be surprised by a move-out order before the contract’s expiration, depending on the legal status of the property.
According to real estate attorney Francisco Gentil, this article is often ignored by landlords and tenants, but it can have significant impacts when applied.
He emphasizes that the provision ensures security for the definitive owner, but also requires caution from the tenant to avoid unexpected losses.
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What Does Article 7 of the Tenancy Law Say
The text establishes that, with the extinction of the usufruct or fideicommissum, the rental contract executed by the usufructuary or fiduciary may be terminated with a 30-day notice for move-out. This is a empty termination, meaning there is no need to provide a specific justification.
Francisco Gentil explains that there are important exceptions: if the contract has the express consent of the owner or the fideicommissary, or if the property consolidates in the hands of the usufructuary or fiduciary, the rental must be respected until the end. In this case, the principle of contractual good faith prevails.
Usufruct: When the Use Remains Without Ownership
Usufruct is common in family situations, when someone donates a property but retains the right to use it or earn income from it. The usufructuary can live in or rent the property, but cannot sell it. If the usufruct is extinguished, due to death or renunciation, the definitive owner can reclaim the property and demand the tenant’s departure within 30 days.
Francisco Gentil warns that, to avoid risks, it is advisable for the contract to be signed also by the owner, ensuring the tenant that the rent will not be abruptly interrupted.
Fideicommissum: Succession and Future Transmission
The fideicommissum is a more complex mechanism, related to inheritance law. In it, a property is transferred to a person (fiduciary), with the obligation to pass it on to the fideicommissary in the future, who may not even have been conceived at the time the will was created.
In these cases, when the fideicommissum is extinguished, the new owner (fideicommissary) can terminate the rental established by the fiduciary and demand the return of the property within 30 days.
Again, if there is prior consent, the contract must be fulfilled until the end.
Legal Deadlines and Limits
The law also determines that the termination must be made within 90 days after the extinction of the usufruct or fideicommissum. If the owner does not act within this timeframe, it is understood that they tacitly agreed to maintain the rental until the end of the contract.
Francisco Gentil highlights that this rule prevents abuses and preserves good faith between the parties, as it prevents the tenant from being surprised much later by a late termination.
Practical Care for Tenants and Landlords
For tenants, the main care is to verify who is signing the contract. If it is a usufructuary or fiduciary, it is essential to require the consent of the owner or fideicommissary to ensure legal security.
For landlords, especially usufructuaries and fiduciaries, the recommendation is to act transparently and avoid frauds, such as the intentional renunciation of usufruct just to force the tenant’s departure.
In cases of bad faith, the Justice may impose fines, losses, and damages, and other severe penalties.
The Article 7 of the Tenancy Law shows how legal details can completely change the relationship between landlord and tenant.
Although little discussed, the rule can shorten contracts and generate disputes, especially when there is no clarity about usufruct and fideicommissum.
And you, did you already know about this possibility? Do you think it is fair that a rental contract can be terminated in just 30 days due to these situations?
Leave your opinion in the comments — we want to hear from those who have experienced something similar.
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