Heir Living in Inherited Property Required to Pay Rent to Other Heirs?

Written by Fabio Lucas Carvalho

Published on 15/12/2025 at 19:32

Updated on 15/12/2025 at 19:39

Justiça decide que herdeiros que ocupam imóvel herdado sozinhos devem pagar aluguel proporcional aos demais coproprietários

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Court Ruling Defines Obligation to Pay Rent by Heirs Who Use Common Property Exclusively

The judge Carlos Henrique Trindade Lourenço dos Santos determined that heirs who exclusively occupy inherited property in Coronel Fabriciano/MG must pay rent from the time of the owner’s death, based on the indivisibility of inheritance and jurisprudence from the STJ.

The decision was made by the 1st Civil Court of Coronel Fabriciano/MG in a case involving a dispute among heirs regarding the exclusive use of a property consisting of a main house and two outbuildings, without consultation or financial compensation to the other co-owners.

Exclusive Use of the Property Motivated the Charge

The plaintiffs argued that the defendants began to fully occupy the property after the owner’s death, preventing common use and failing to pay any amount as rent, which constituted unjust enrichment to the other heirs.

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Values Determined by Judicial Expertise

The ruling determined that the monthly rent should be assessed in the liquidation of judgment, based on an expert report that set R$ 970 for the main house and R$ 440 for the two outbuildings on the property.

The payment must be proportional to the shares of heirs who opposed the exclusive occupation, with retroactive effect from the date of the defendants’ citation, which occurred in May 2021, and annual adjustment by the IGP-M index.

Taxes and Charges Were Also Included

In addition to the rent, the defendants were ordered to pay taxes on the property, as well as electric and water utility bills, from the time of the owner‘s death until the effective vacating of the property.

The decision also terminated the process concerning one of the plaintiffs, following the revocation of the power of attorney without the appointment of a new lawyer, ending her formal participation in the judicial action.

The case is under number 5001188-71.2021.8.13.0194 and deals exclusively with the property responsibility among heirs in the context of exclusive occupation of undivided property.

Process: 5001188-71.2021.8.13.019

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Heir Living in Inherited Property Required to Pay Rent to Other Heirs?

Court Ruling Defines Obligation to Pay Rent by Heirs Who Use Common Property Exclusively

Exclusive Use of the Property Motivated the Charge

Values Determined by Judicial Expertise

Taxes and Charges Were Also Included

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Heir Living in Inherited Property Required to Pay Rent to Other Heirs?

Court Ruling Defines Obligation to Pay Rent by Heirs Who Use Common Property Exclusively

Exclusive Use of the Property Motivated the Charge

Values Determined by Judicial Expertise

Taxes and Charges Were Also Included

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