Tenant Failed to Pay Rent? See the Legal Clause That Protects the Landlord and Prevents Actions That May Lead to Lawsuits

Written by Romário Pereira de Carvalho

Published on 14/09/2025 at 22:11

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Rental Delay Requires Caution: Cutting Water, Energy or Changing Locks Is Illegal, with Eviction Being the Proper Legal Path

When the Tenant Stops Paying Rent, the property owner faces a dilemma. The most common reaction may be to try to resolve the situation immediately, but actions such as cutting water, energy, or changing the lock are illegal. These practices can lead to lawsuits and even greater losses.

The Tenancy Law, number 8,245/91, indicates the correct procedure: eviction action for non-payment.

According to attorney Flávio Gomes Miranda, a specialist in Real Estate Law, legal guidance is essential to ensure that the process follows the law and avoids future complications.

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First Steps for the Owner

The recommended approach begins with communication. Contacting the tenant by phone, message or email is the first attempt.

Often, this dialogue resolves the issue quickly and still preserves a good relationship between the parties.

If the initial conversation does not yield results, the next step is to send a formal notification. In it, the owner states the amount of the debt, deadline for payment, and possible consequences.

This document needs to be documented to serve as evidence.

Additionally, it is advisable to review the lease agreement. Checking if all clauses are being fulfilled and which rights are guaranteed by law helps to reinforce the security of the process.

Alternatives Before Court

Not always is the immediate path to court. There are cases where the tenant shows interest in settling the debt.

In this situation, it is possible to establish an extrajudicial agreement, such as installment payments or renegotiation of amounts. The essential thing is that everything is formalized in writing and signed by both parties.

This type of solution can avoid greater wear and tear and shorten the waiting time, as a judicial process can be lengthy.

Eviction Action and Deadlines

If all attempts fail, the eviction action remains. The tenant is notified to pay the debt within 15 days.

If not paid, the judge may order the tenant to leave the property. Moreover, if there is resistance, the court order may be enforced with police assistance.

It is worth noting that, even with a favorable injunction, the process typically takes six months to a year. Therefore, acting correctly from the beginning is essential to reduce losses and avoid unnecessary risks.

With information from Diário do Comércio.

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Eduardo chittolina

#175042

15/09/2025 06:19

E quanto custa o processo? Mais de 5 mil
Dinheiro bom em cima de dinheiro ruim além de reparos como pintura etc…

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Tenant Failed to Pay Rent? See the Legal Clause That Protects the Landlord and Prevents Actions That May Lead to Lawsuits

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