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Experts Warn That the Tenancy Law Has Important Exceptions and Does Not Apply to All Types of Rentals, Leaving Gaps That Surprise Tenants and Landlords.
The Tenancy Law (Law No. 8,245/1991) is widely known for regulating rental relationships for urban properties in Brazil. However, as explained by real estate attorney Francisco Gentil, not every contract is protected by this legislation. Many tenants believe that the law covers any type of rental, but the reality is much more complex and involves legal distinctions that can completely change the rights of each party.
The lack of knowledge about these exceptions poses risks for both renters and those offering properties.
The application or not of the Tenancy Law depends on the type of property, the purpose of the rental, and even the identity of the landlord, factors that may lead to the use of other regulations, such as the Civil Code or specific legislations.
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Difference Between General Law and Special Law
According to experts, it is essential to understand the difference between general law and special law. The Civil Code, for example, functions as a general law, applicable to a wide range of contracts, including those for rentals.
On the other hand, the Tenancy Law is a special law, aimed exclusively at rentals of urban properties intended for housing, commerce, or leisure.
This means that, when there is a conflict between the Civil Code and the Tenancy Law, the special law takes precedence, provided that the contract indeed falls under its rules. Otherwise, the general norm applies.
When the Tenancy Law Does Not Apply
As explained by real estate attorney Francisco Gentil, despite its breadth, the Tenancy Law does not cover all situations. Some examples cited by specialists include:
Rural properties: in these cases, agrarian legislation applies since the contract involves agricultural or agro-industrial activities.
Properties belonging to the State or municipalities: when the public authority is the landlord, the law does not apply, as the principle of public interest prevails. However, if the State is the tenant, the law’s protection may be extended.
Autonomous parking spaces: when rented independently, without a link to a residential unit.
Advertising spaces: such as billboards, which do not constitute typical urban rentals.
Leasing: governed by its own legislation and, in some cases, by the Consumer Protection Code.
Hotels and serviced apartments: since they are contracts linked to hospitality services, they are not regulated by rental law.
In all these cases, the rental contract will be governed by other legislations, which can significantly change the obligations and rights of each party.
The Case of Seasonal Rentals and Digital Platforms
One of the most controversial points involves Airbnb and other digital platforms. Some argue that, since it involves temporary housing in urban properties, these contracts should indeed be covered by the Tenancy Law, especially in the model of seasonal rentals.
Others, however, believe that there are significant differences compared to traditional contracts, which opens the door for distinct interpretations. In practice, the application of the law in these cases still sparks debates in Brazilian courts.
What This Means for Tenants and Landlords
The experts’ warning is clear: it is not enough to assume that the Tenancy Law protects all contracts.
It is essential to evaluate the type of property, its purpose, and the terms of the agreement before signing. To avoid problems, it is advisable for landlords and tenants to seek legal guidance or consult consumer protection agencies.
Additionally, understanding these nuances helps prevent disputes, as a poorly drafted contract can leave both parties vulnerable. Transparency in the clauses and attention to applicable regulations are fundamental to ensure legal security.
The Tenancy Law remains a pillar of regulation for rental contracts in Brazil, but it has clear limits.
Not every contract is protected by it, and ignoring these exceptions can lead to serious losses.
And you, have you ever been in a situation where the Tenancy Law did not apply to the rental contract? Do you think the legislation needs to be modernized to encompass more scenarios?
Share your opinion in the comments; your experience can help others understand their rights better.
Que o iptu faz parte do aluguel o que não acontece,a imobiliária cobra em separado fazendo com isso a sonegação pois o IPTU fica a parte o proprietário só paga imposto referente ao aluguel para o inquilino tem que pagar de qualquer jeito o iptu como é imposto o proprietário têm quê pagar aumentando o aluguel e pagando mais imposto