Portuguese 
English 
Spanish 
5 min of reading 
0 comments 
The Tenancy Law Requires That the Cash Deposit Be Placed in a Linked Savings Account, With Updated Return at the End of the Contract. Discover How the Rules Work, the Tenant’s Rights, and the Role of Bank Statements.
The Tenancy Law stipulates that the cash deposit must be deposited in a linked savings account and, at the end of the lease, returned to the tenant with the accrued interest, provided there are no proven debts or damages.
When the deposit does not follow this procedure—especially if it is kept outside the savings account or without proper accounting—there is a discrepancy that can be subject to administrative and judicial questioning.
The purpose of the norm is to provide transparency, prevent undue withholdings, and establish an objective update parameter.
-
The noise law will no longer be in effect at 10 PM starting in June with a new rule valid during the 2026 World Cup.
-
The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
What the Tenancy Law Says
The core of the rule is in § 2 of article 38 of Law 8.245/1991. The provision limits the cash deposit to up to three months’ rent and requires the deposit to be made in a savings account at an authorized institution.
The proper remuneration for this modality must be incorporated into the amount to be returned.
In addition to protecting the amount, the law prevents arbitrary rates and allows for the verification of calculations.
Correct Return: How Much and When to Pay
Upon termination of the contract and return of the keys, the amount owed to the tenant corresponds to the balance of the linked savings account on that date, inclusive of the credited earnings.
Any deductions are accepted only when there is proof of unpaid rent, unpaid charges, or repairs for damages attributable to the tenant.
Without proof, there is no legitimate discount.
Irregularity and Lack of Transparency
When the amount is kept outside of the savings account, a documentation gap arises that complicates verification and can result in underpayment.
There is a lack of credit history and the legal reference for updates.
In this case, the tenant can demand the restoration of the scenario that the law presupposes, as the absence of investment cannot generate an advantage for the landlord or justify the withholding of funds.
Guidance from Consumer Protection Agencies
Agencies like Procons advise that the deposit and return strictly follow what is stipulated in the Tenancy Law, including regarding the earnings from the savings account.
Informational materials from municipal entities reinforce that, when opting for a cash deposit, the landlord must make the linked deposit and return the updated amount at the end of the lease.
These communications serve as conduct references for real estate agencies and landlords and as practical guides for tenants.
Court Interpretations
State jurisprudence consistently recognizes that the deposit belongs to the tenant and that the landlord acts as a depositor of the amount, with duties of custody, transparency, and return in accordance with the law.
Decisions have condemned landlords when there is a failure to properly apply, unjustified delays in returning, or lack of accountability, determining the return with updates equivalent to those of the savings account and, as the case may be, other procedural consequences.
Essential Documents for Verification
Accountability is the decisive point for assessing whether the return is correct.
Typical documents include the proof of the opening of the linked savings account, the indication that the account is related to the lease contract, and the monthly statements that show the credited earnings and the evolution of the balance.
Since the savings account credits earnings on the so-called “anniversary date” of the account, the statements allow checking month by month what has been added to the deposit amount.
Without these records, it is impossible to demonstrate compliance with the legal requirement.
How to Request Statements and Refund with Earnings
The process begins with a formal request to the landlord or real estate agency, preferably in writing.
It is advisable to identify the contract, inform the amount deposited, and the start date of the lease, in addition to setting a reasonable deadline for response.
The request should cover the proof of the opening of the savings account, the statements for the entire period, and the calculation memory used in the refund.
If the response does not come, is incomplete, or indicates that there was no deposit in a savings account, the tenant may contact consumer protection channels to file a complaint and seek mediation.
Mediation and the Role of Procons
In the administrative process, Procons can schedule conciliation hearings.
At this stage, the real estate agency is prompted to present the documentation and, when necessary, to correct the amount paid.
The solution through mediation tends to be quicker and less costly, in addition to reducing future conflicts between the parties.
Even so, if the disagreement persists, the judicial route remains open.
When to Take the Case to Court
If no agreement is reached, a lawsuit can be filed requesting disclosure of documents and refunds according to legal parameters.
Useful documents for the process include the lease contract, the payment receipts for rent and charges, the inspection report upon the return of the keys, and the history of communications regarding the request for statements.
The absence of accountability usually weakens the landlord’s defense, especially because the law itself defines the location and method of applying the money.
In general, when the Justice intervenes, the solution replicates the legal criteria: update by the savings account remuneration throughout the guarantee period, with deductions only for properly proven debts.
Practical Verification by the Tenant
The verification can follow an objective plan based on documents.
First, confirm the existence of the deposit in the linked savings account through the proof of opening and the statements for the period.
Next, verify the consistency between the account’s anniversary date and the credited earnings actually recorded.
Finally, compare the final balance presented by the real estate agency with what would result from applying the savings account rules for the same period.
When the documentation is not provided, the compatibility test becomes unfeasible, a clear sign of lack of transparency.
Moral Damages Are Not Automatic
Irregularities in the handling of the deposit do not automatically imply moral damages or automatic penalties.
Each measure will depend on the evidence and the legal framing of the specific case.
The objective aspect, however, remains unequivocal: the law indicates the linked savings account as the mandatory destination for the amount, and the return, at the end, should reflect the earnings of that investment.
The refusal to present statements or the absence of verifiable accounts legitimizes the search for administrative mediation and, if necessary, for a court decision imposing accountability and correct restitution.
In your last rental, did the real estate agency keep the deposit in a linked savings account and provide all statements for you to verify the earnings before returning it?
Seja o primeiro a reagir!