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The Tenancy Law Gives Renters Priority to Purchase the Rented Property. If the Owner Sells Without Notification, the Court Can Annul the Transaction and Protect the Tenant.
Thousands of tenants live for years in the same property unaware that they have a powerful right: priority to buy if the owner decides to sell. This benefit, provided for in the Tenancy Law, guarantees tenants the opportunity to acquire the property at the same price and conditions offered to third parties.
Recent court decisions reinforce this right and confirm that if the owner sells the property without notifying the tenant, the transaction can be annulled judicially. For those dreaming of owning their own home, this could be the chance to turn a rental contract into a definitive achievement.
What the Tenancy Law Says
The Law No. 8,245/1991, which regulates leasing contracts in Brazil, establishes in article 27 the so-called right of preference.
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- If the property for sale is rented, the tenant must be notified in writing, at a notary’s office or with a protocol, so that they have the opportunity to buy under the same conditions;
- The deadline to exercise this right is 30 days;
- If the tenant agrees, the purchase contract must be signed and the priority is guaranteed.
If the owner sells to third parties without complying with this requirement, the tenant can resort to the court to annul the sale and take over the purchase.
The Understanding of the Courts
The Superior Court of Justice (STJ) and state courts have already consolidated jurisprudence in favor of tenants:
- If there was no formal notification, the sale can be annulled.
- The tenant can take over the purchase, provided they deposit the amount paid by the original buyer.
- Even when the owner claims to have notified informally, the court requires documentary evidence of the notification.
These decisions have strengthened the position of tenants, ensuring that the right of preference is not just on paper.
Real Cases That Became Jurisprudence
In São Paulo, a tenant was able to annul the sale of an apartment where they had lived for 15 years. The owner had sold it to third parties without formal notice. The court ruled that the transaction should be transferred to the tenant for the same price paid by the buyer.
In Rio Grande do Sul, the TJRS confirmed that the notification must be clear and detail all the conditions of the sale, such as price, payment method, and deadlines. Without this information, the right of preference is not respected.
These examples show that the justice system has been strict in protecting tenants.
The Financial Impact for Tenants
The right of preference can mean the realization of a dream and also the chance to acquire the property at a fair price.
Imagine a property worth R$ 400,000 being put up for sale:
- If the owner sells to third parties without notification, the tenant can annul the sale and take over the purchase.
- If the market value of the property subsequently rises to R$ 500,000, the tenant will still have the right to buy at the original price of R$ 400,000.
In other words, in addition to ensuring housing stability, the right can provide immediate financial advantage.
What the Tenant Should Do to Protect Themselves
To exercise the right of preference, the tenant needs to pay attention to a few details:
- Written Contract: It is necessary to have a formal, valid, and current leasing contract.
- Formal Notification: If the owner notifies, the 30-day period begins to count.
- Response Within the Deadline: The tenant must express interest in writing.
- Financial Capacity: It’s necessary to prove that they can pay the offered price.
If the owner fails to comply with the law, the tenant should seek a lawyer or public defender to file a lawsuit.
The Owners’ Side
From the owner’s point of view, complying with the law avoids disputes and annulments. Many owners are unaware of the notification requirement and end up having the sale annulled, causing losses and delays.
Therefore, lawyers always recommend formally notifying the tenant before closing any deal, ensuring legal security.
A Protection That Ensures Stability
The right of preference is one of the most important mechanisms of the Tenancy Law. It protects tenants who have already invested time and resources in the property and ensures housing stability, preventing families from being surprised by an eviction order after a sale.
The confirmation by the courts reinforces that the rental contract is not just a short-term relationship, but also an instrument of social protection.
For those living in rented homes, knowing this right can be the first step in transforming temporary housing into permanent assets.
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