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Tenant Can Or Can’t? The Update of the Tenancy Law Redefines Rights and Creates New Boundaries in Leasing

Written by Caio Aviz
Published on 08/12/2025 at 17:44
Chave inserida na fechadura com chaveiro em formato de casa, simbolizando direitos e responsabilidades do inquilino na locação.
Chave com chaveiro de casa ilustra as principais dúvidas sobre o que o inquilino pode fazer após as mudanças da Lei do Inquilinato em 2025.
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What Changed For The Tenant And Why This Increased Searches For Rights And Obligations

In October 2025, searches initiated with “tenant can” significantly increased and, therefore, revealed new doubts about rights and duties following changes introduced by the Tenancy Law, updated in November 2025, according to reports from the specialized press. As a result, a study conducted by Universal Software, a company dedicated to property management, mapped the most sought-after topics by Google users in Brazil and highlighted a scenario of greater attention to contractual and condominium rules. Moreover, the survey reinforced that the updates maintained the central structure of the Laws No. 8,245/1991, but brought adjustments that increased predictability and legal security. Thus, public interest grew and consequently originated specific doubts about voting rights, participation in assemblies, financial responsibilities, and limits of property use.

Main Doubts About What The Tenant Can Do

Consequently, the study highlighted that the most sought-after topics concentrated on two fronts: participation in condominium decisions, especially regarding assemblies, voting, and the possibility of assuming positions; and limits of property use, such as changing locks, receiving visitors, and maintenance rules. Additionally, the data showed that the legislative update intensified inquiries about practical situations in the daily life of renting.

What The Legislation Says About Assemblies And Responsibilities

Therefore, many questions involved condominium participation. According to current legislation, the tenant can participate in assemblies, and can vote only when authorized by the owner, except on matters related to ordinary expenses, which are already their direct responsibility. Additionally, the study reinforced that there is no impediment for the tenant to be a manager or deputy manager, as the election depends exclusively on the assembly. Similarly, questions arose regarding financial obligations. The tenant can pay property tax, as long as this is agreed upon in the contract. However, they cannot request adverse possession, because the rental contract does not establish ownership with intent to own. Even so, the tenant can sell the commercial point, provided there is authorization from the owner and that there are no contractual restrictions.

Doubts About Coexistence, Delays, And Daily Use Of The Property

Additionally, the survey showed that many users sought answers to practical questions, such as delays in rent. The tenant can delay payment, but this generates a fine and can result in eviction action, a process that became quicker with the adjustments made in 2025. Likewise, receiving visitors is allowed, and there is no express limit in law, as long as internal condominium rules are respected. However, the tenant cannot prevent the entry of a buyer, as the owner maintains this right with prior notice. Finally, changing the lock is permitted, provided that the key is returned at the end and that the procedure does not prevent authorized inspections.

Why The Doubts Increased In 2025

At the same time, the country registered growth in the urban rental market, especially among young professionals. Thus, the legislative changes in November 2025 created uncertainties, increasing the search for answers on Google. Therefore, the Universal Software study showed that the public wants to understand, precisely, what the tenant can do, avoiding conflicts and strengthening relationships between landlords, tenants, and condominiums.

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Caio Aviz

Escrevo sobre o mercado offshore, petróleo e gás, vagas de emprego, energias renováveis, mineração, economia, inovação e curiosidades, tecnologia, geopolítica, governo, entre outros temas. Buscando sempre atualizações diárias e assuntos relevantes, exponho um conteúdo rico, considerável e significativo. Para sugestões de pauta e feedbacks, faça contato no e-mail: avizzcaio12@gmail.com.

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