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During The First Year Of The Contract, The Landlord Cannot Recover The Property Without Justification; Rule Only Changes In Built-To-Suit Special Contracts.
According to The Tenancy Law (Law No. 8,245/1991), the landlord cannot reclaim the property simply “because they want to” during the first 12 months of the contract. The exception applies only in cases of breach by the tenant or in specific built-to-suit contracts, where the owner builds the property tailored for the tenant. According to lawyer Francisco Gentil, a specialist in real estate law, this protection guarantees minimum stability for the tenant and legal security for the rental market.
In practice, this means that even if the owner claims interest in using the property for their own residence, they are prohibited from requesting its return during the initial period of validity.
For the tenant, the only way to terminate the contract early is to pay the proportional fine provided by law, calculated based on the remaining time of the contract.
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What The Law Says About The Landlord’s Right
The 4th article of The Tenancy Law is clear: during the stipulated duration of the contract, the landlord cannot reclaim the leased property.
The only exception is in the 2nd paragraph of article 54-A, which addresses built-to-suit contracts. In these cases, the property is adapted or specially built for the tenant, and the termination rules may be different.
Francisco Gentil explains that outside this hypothesis, the landlord cannot terminate the contract at their own will. “It doesn’t matter if they want to live in the property, if they intend to sell it, or if they simply changed their mind.
During the 12 months, there is only the possibility of reclaiming if the tenant breaches the contractual obligations,” states the lawyer.
How The Proportional Fine Works For The Tenant
On the tenant’s side, the law provides for the possibility of early termination, provided that the payment of the proportional fine is made.
The calculation is based on the base fine stipulated in the contract, divided by the total number of months of validity and multiplied by the remaining months.
A practical example: in a 12-month contract with a fine of three rents, if the rent is R$ 2,500, the base fine will be R$ 7,500.
If the tenant decides to leave the property after seven months, leaving five for the end of the contract, the calculation will be R$ 7,500 ÷ 12 × 5 = R$ 3,125. This amount is what must be paid to the landlord for early departure.
According to Francisco Gentil, this fine is considered mandatory regulation, meaning it cannot be altered by contract, even with the parties’ consent.
Whenever there is early departure, the proportional fine must be applied.
Exceptions And Special Situations
The law also provides for situations where the tenant can return the property without a fine. The sole paragraph of the 4th article establishes that, if there is a transfer of the tenant’s job to another location, whether in the public or private sector, they will be exempt from payment, provided they notify the landlord at least 30 days in advance.
Another relevant point is that the proportional fine cannot be added to other penalties.
If the tenant has breached contractual clauses or condominium rules, the corresponding fine for the infraction will apply, but without accumulation with the compensatory fine for early departure.
The Impact On The Rental Market
According to Francisco Gentil, this rule brings balance to the relationship between landlords and tenants, as it prevents contracts from being unilaterally broken by the owner of the property. “It is a fundamental protection for families and businesses that depend on the predictability of the contract, especially in the first year,” he highlights.
On the other hand, the lawyer reminds that the real estate market needs to pay attention to the particularities of built-to-suit contracts, which are increasingly common in large-scale commercial leases. “In these cases, the conditions may be different, and the tenant should evaluate carefully before signing,” he concludes.
The Brazilian legislation guarantees that, during the first 12 months, the rented property cannot be reclaimed by the landlord solely at their own will.
For the tenant, there is room for early termination, but always with the payment of the proportional fine, except in specific situations provided by law.
This protection seeks to ensure stability, reduce conflicts, and provide more predictability to the real estate market.
And you? Do you think it is fair that the landlord cannot reclaim the property during the first 12 months? Or do you believe that the owner should have more flexibility?
Leave your opinion in the comments; we want to hear from those who live this in practice.
E qdo ocorre uma fatalidade eo locador precisa do imóvel pra morar? Não pode pedir? Então fica morando na rua?
Dono de imovel quer um inquilino que paga em dia que conserva o imovel.agora se o inquilino nao paga em dia estraga o imovel tem que pedir mesmo.
E estou morando só a 6 meses e o proprietária fica me amassando. Passando meu whats para outros me amassar pq quer o imóvel se pagar multa