Sale Of Property Cannot Override Tenant: Court Confirms That Resident Has Priority And Can Buy At The Same Price

Written by Débora Araújo

Published on 17/09/2025 at 11:08

Venda do imóvel não pode passar por cima do inquilino Justiça confirma que morador tem prioridade e pode comprar pelo mesmo preço

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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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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.

Rental Contract Is Not Imprisonment: Tenant Can Leave the Property Before the Due Date Without Penalty in Cases Provided by Law, Confirms Justice

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.

Sale Of Property Cannot Override Tenant: Court Confirms That Resident Has Priority And Can Buy At The Same Price

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.

What the Tenancy Law Says

The Understanding of the Courts

Real Cases That Became Jurisprudence

The Financial Impact for Tenants

What the Tenant Should Do to Protect Themselves

The Owners’ Side

A Protection That Ensures Stability

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Sale Of Property Cannot Override Tenant: Court Confirms That Resident Has Priority And Can Buy At The Same Price

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.

What the Tenancy Law Says

The Understanding of the Courts

Real Cases That Became Jurisprudence

The Financial Impact for Tenants

What the Tenant Should Do to Protect Themselves

The Owners’ Side

A Protection That Ensures Stability

The Soviet Union spent 22 years drilling into the Earth’s crust and reached a depth of 12,262 meters — they found water where it was thought impossible, hydrogen bubbling from the rock, granite that is 2.7 billion years old, and temperatures of 180 degrees that melted the drill bits.

Ethiopia has banned gasoline and diesel cars, placed over a hundred silent electric buses on the streets of Addis Ababa, and now aims for half a million electric vehicles by 2030, all powered by Africa’s largest dam and a courage that few countries have shown.

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BRICS is preparing a payment system inspired by the Brazilian PIX that will allow direct transactions between countries using national digital currencies without relying on the dollar or Western banks as intermediaries.

Stored for over 100 years, the first underwater tunnel in Latin America receives a decisive boost with a loan of R$ 2.5 billion signed in April and promises to connect Santos and Guarujá, on the coast of São Paulo, in just 5 minutes.

Chinese engineers begin filling a 217-meter dam at an altitude of 3,000 meters and prepare a 2,240 MW hydroelectric power plant to integrate hydropower, solar, and wind energy in the upper Jinsha.

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