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Proposal May Accelerate The Recovery Of Properties And The Collection Of Rents By Transferring Stages From The Judiciary To Notaries And Shortening Deadlines, But Experts Point Out Challenges Of Notification, Preserved Guarantees, And Adaptation Of Extrajudicial Services.
Brasília – Bill 3999/2020, approved on June 10, 2025, by the Chamber’s Committee on Constitution and Justice, creates the procedure for extrajudicial eviction and provides that the owner recovers possession of the property or receives the amount due within 15 calendar days after notifying the tenant.
The measure attempts to alleviate the burden on the judiciary and reduce the average time for eviction actions, which currently exceeds two years, according to lawmakers.
Origin And Objectives
The initiative came from Deputy Hugo Leal (PSD-RJ) after successive reports of delays in executing eviction sentences.
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The project transfers bureaucratic phases to notary offices, allowing stages previously conducted by judges to be resolved administratively.
In addition to speeding up the process, the proposal aims to reduce costs for landlords and tenants.
What Changed With The Approval In The CCJ
Under the rapporteurship of Deputy Caroline de Toni (PL-SC), the text received adjustments that consolidate a unique rite.
The landlord now requests the notification of the tenant from the notary office, preferably electronically when there is a contractual provision or, alternatively, in person.
The notification must be accompanied by a full copy of the contract and an updated spreadsheet of debts.
As soon as the delivery is certified, the countdown of the 15 days for full payment or voluntary eviction begins.
Consequences Of The Deadline
If the tenant does not pay the debt or return the keys within the established period, the owner may request from the competent judge a preliminary eviction order, enforceable in another 15 days.
In practice, the recovery of possession can occur in approximately one month, much less than the traditional judicial process.
Consignment Of Keys And Duties Of The Landlord
The project also regulates the extrajudicial consignment of keys.
When the landlord refuses to receive the property, the tenant may deposit the keys at the notary office, terminating the lease agreement and avoiding the accumulation of charges.
In return, the owner assumes greater responsibility in preparing the documents: any formal defect — such as exaggerated amounts or lack of evidence — will allow the debtor to go to court to annul the notification.
Preserved Guarantees
Guarantors, cash deposits, or surety insurance remain valid.
If the debt remains outstanding, the landlord decides whether to extend the collection to the guarantor during execution.
There is no change in the legal order of preference for seizure, and the project does not restrict extrajudicial negotiations between the parties.
Tenant’s Right Of Defense
Although concise, the procedure assures mechanisms for contestation.
The tenant can demonstrate payment already made by means of receipts or claim a calculation error, a situation that nullifies the request.
The time to present the contestation, however, runs concurrently with the 15 days, requiring attention to notification emails or certificates of due time, measures that replace personal citation when the occupant remains absent.
Context Of The Rental Market
The scenario of default helps explain the advancement of the proposal.
In October 2024, the average index of late rental payments was 3.31%, according to the monthly survey by the Superlógica platform, indicating a trend of stability after the pandemic.
For the real estate sector, a quick eviction path can curb the increase in these numbers by discouraging the prolonged retention of delinquent contracts.
Who Wins And Who Loses
Property owners see a clear advantage, as the cost of notary services is usually lower than court fees and succumbing costs.
Tenants, on the other hand, may negotiate with greater clarity of deadlines but lose the possibility of prolonging procedural debates if they ignore the notification.
Guarantors remain jointly liable and may be called earlier, reinforcing the need to monitor the situation of the guaranteed party.
Next Steps
Without recourse to the Chamber’s Plenary, the text proceeds to the Senate’s Committee on Constitution and Justice.
If approved, it will be voted on by the Plenary of the Upper House and then sent for presidential sanction.
The substitute provides for a vacatio legis of 60 days for the adaptation of notaries and the dissemination of the new rules.
Application To Existing Contracts
Under the current wording, the procedure applies to contracts already in execution, as long as the debt arises after the law comes into force.
Experts point out that retroactivity could raise judicial questions, but most assess that the risk is low, as it does not affect acquired rights, only introduces an alternative procedural rite.
Municipalities Without Notary Offices
Where there is no notarial office, the project authorizes the use of the property registry office of the district.
This extension seeks to ensure capillarity, especially in small towns, but will depend on training and standardization of services not yet detailed.
Challenges Of Implementation
While proponents of the proposal celebrate the expectation of faster processes, judicial workers and tenant representatives warn of the need for oversight.
Failures in electronic notification, inequality in internet access, and the possibility of incomplete documents are cited as factors that may generate a new wave of litigation, precisely the scenario that the bill aims to avoid.
What To Expect From The Senate
Senators in favor of desjudicialization indicate that the text will have a quick process, but amendments are already circulating suggesting a longer payment period or the mandatory nature of prior conciliation hearings.
Any substantial alteration will require the project to return to the Chamber, delaying its enactment.
Open Debate
As the proposal progresses, entities of property owners and public defenders discuss adjustments to balance speed and security.
The main question that arises is whether society is prepared to migrate part of the jurisdictional function to extrajudicial services without reducing fundamental guarantees.
Do you believe that the notary solution will truly shorten rental conflicts or could it create new points of dispute?
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