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Based on the Tenancy Law, the tenant can refuse rent increases above the index provided in the contract, demand correct calculations, formalize disagreements through extrajudicial notification, and seek support from Procon-MG or the justice system to block abusive increases and preserve the family budget without fear of retaliation.
A new law announced in Minas Gerais reinforced the protection of the tenant by ensuring that they cannot be evicted while the property sale action is underway. In the same context of rental disputes, the legal limit for adjustments and how far the owner can go without violating the legislation returns to the center of the debate.
Since 1991, the Tenancy Law, created by Law No. 8.245/1991, determines that the rent can only be automatically adjusted by the index provided in the contract, without any hidden extra increases. The recent case of Mônica, who avoided an increase of nearly 25 percent, demonstrates in practice how the tenant can use the law, correct calculations, and the right documentation to block abuses before they destroy their budget.
What the Tenancy Law Really Allows for Rent Adjustment
In practice, annual adjustments only serve to correct the rent for inflation, nothing more.
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The Tenancy Law authorizes this automatic adjustment once a year, based on Article 18, limited to the index that was chosen and placed in the contract.
If the contract provides for IPCA, IGP-M, INPC, or another permitted index, the owner can only apply the percentage that this index accumulated during the period.
Any attempt to apply a higher percentage violates the agreement and exceeds the inflationary correction, opening space for contestation by the tenant.
On the other hand, rent review is another scenario. It is not automatic, does not occur every year, and cannot be mixed with the adjustment.
The review of the amount can only happen after three years of the contract, requires technical proof or an agreement between the parties, and cannot be pushed within the annual adjustment as if it were mere correction.
Adjustment Is Not a Free Rent Increase for the Tenant
The rental contract is the tenant’s main shield. It is in this document that the rules for correction and the limits of what the property owner can require are defined.
Even if some clauses seem to allow for free increases, the law invalidates any provision that tries to remove the tenant’s protection.
Article 45 of the Tenancy Law renders null and void any clauses that attempt to bypass this protection.
This means that even if the contract includes vague expressions allowing increases “according to the market” within the annual adjustment, such provisions cannot be used to overrule the index agreed upon with the tenant.
Annual adjustment is inflationary correction. Real rent increases are a different negotiation.
If the owner wants to raise the amount beyond the index, they need a formal written agreement or a revision action after three years, based on concrete evidence of the property’s appreciation.
Different Indices, Different Surprises for the Tenant
A large part of the conflicts arises from the choice of index. The IGP-M is known for its high volatility, as it is directly impacted by the dollar and wholesale prices.
In some years, this resulted in very high adjustments, while the tenant’s income practically remained unchanged.
On the other hand, the IPCA is now the preferred index in many residential contracts because it follows the consumer’s cost of living and tends to be more stable.
The INPC also frequently appears, especially in negotiations tied to family income.
Therefore, understanding which index was agreed upon is the first step for the tenant to know whether the adjustment is correct or not.
When the owner applies a percentage that does not correspond to the contract’s index, rounds up, or uses only “market value” as an argument, there is clear ground for the tenant to contest technically.
Can an Increase Above the Index Be Imposed by the Owner?
The answer is straightforward: it cannot. Any increase above the index provided in the contract is not a simple adjustment; it is a real rent increase.
This increase can only occur if there is a formal agreement between the parties or a revision action after three years of validity.
Arguments like “everyone is charging more in the region” or “the property has appreciated” are not sufficient on their own.
Without technical proof, without substantiated evaluation, and without respecting the minimum time frame, this becomes mere pressure for the tenant to accept a value greater than what is permitted.
Even in contracts with broad clauses, Article 45 of Law 8.245/1991 prevents these provisions from removing the tenant’s protection.
The annual correction cannot be used as a shortcut to force the early appreciation of the rent.
Step by Step for the Tenant to Contest Abusive Adjustments
When the owner announces an adjustment that seems higher than the index, the tenant gains strength when acting technically and documenting everything.
The less emotion and more documentation, the more secure the defense becomes.
The practical steps are:
- Official Calculation: use the Central Bank’s Citizen Calculator to determine the correct adjustment based on the contract’s index and the exact period.
- Extrajudicial Notification: send a formal, written communication to the owner informing them of the refusal of the abusive increase, citing the agreed index, the contract, and Law 8.245/1991.
- Institutional Support: seek guidance and mediation at Procon-MG or file a lawsuit to recognize the abuse and prevent undue charges or threats of eviction.
Without an official calculation, documentation, and notification, the tenant loses strength to contest later.
Keeping the contract, proof of payment, and conversations about adjustments is essential for building a solid defense if the discussion goes to court.
Mônica’s Case: How Information Saved the Budget
The story of Mônica, a tenant in Minas Gerais, illustrates the direct effect of information. Faced with an increase of almost 25 percent, she did not accept the new amount immediately.
Instead, she checked the index provided in the contract, looked for the official IPCA, did the calculations, and compared it with the number proposed by the owner.
With the data in hand, Mônica responded firmly and documentedly, showing the correct percentage and making it clear that she would only accept the adjustment within the official index.
With the combination of law, calculation, and clear posture, she managed to block the abusive increase and preserve her family’s financial balance.
The final message for tenants is simple: silencing in the face of irregular increases can consolidate unfair values for a long time.
And you, as a tenant, have you checked if the last adjustment of your rent strictly followed the index provided in your contract?
Eu questionei e fui ameaçada de pedir o imóvel.Nunca atrasei e o pior de tudo que quando aluguei o imóvel era com garagem e além do reajuste abusivo que foi o dobro da taxa que estava no contrato.Recebi mensagem pelo WhatsApp falei o quanto eu poderia pagar que ja era acima do valor e se aceitasse tudo bem.
Senão eu iria acionar advogado.
No dia da renovação do contrato a proprietária falou que não iria mais aumentar tanto o aluguel..falei pra ela só cumprir com a lei pois moro há dez anos e nunca atrasei pagto.
Estado se metendo onde não deveria. Se não concorda com o reajuste ao término do contrato, procura outro lugar para morar e devolve o imóvel para o proprietário
Procon? Hahahahahahaha ja li besteira, mas procurar Procon pra pedir ajuda sobre reajuste de aluguel é de doer na alma. Pelo amor de Deus, quem tem escrito essas matérias? GPT?