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Guarantor Is Not Required to Pay Forever: Tenant Law Ensures Release from Guarantorship After 120 Days of Notification to the Landlord.
Few Brazilians know, but the Tenant Law (Law No. 8.245/1991) provides important protection for those who act as guarantors in rental agreements. Contrary to popular belief, being a guarantor is not a lifelong prison: there is a possibility for the guarantor to request release from responsibility, especially in indefinite duration contracts. This legal loophole, confirmed by decisions from the Superior Court of Justice (STJ), can represent salvation for thousands of people trapped by obligations they can no longer fulfill.
What the Tenant Law Says About Release from Guarantorship
Guarantorship is one of the most commonly used forms of security in rental contracts, but it is also one of the riskiest for those who agree to take it on. This is because the guarantor is liable with their own assets for the tenant’s debts, including in eviction actions and judicial collections.
Article 40 of the Tenant Law stipulates that, in indefinite duration contracts, the guarantor may request release through written notification to the landlord. After the notice, their responsibility continues for only 120 days, a period sufficient for the property owner to require a new guarantee or renegotiate the contract.
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This rule was created precisely to prevent people from being indefinitely bound to obligations they can no longer meet, whether due to financial, personal, or even health reasons.
STJ Confirms Guarantor’s Right to Release from Obligation
In various rulings, the Superior Court of Justice reaffirmed that the release from guarantorship is valid and must be respected. One of the most cited cases is REsp 1.412.566/DF, in which the court made it clear that the guarantor’s responsibility cannot exceed 120 days after the notification to the landlord, even if the contract remains in effect.
The court has also ruled that, even in fixed-term contracts, release can be analyzed if there is a significant change in conditions, reinforcing that guarantorship cannot be seen as an eternal obligation.
In practice, this means that those who agree to be guarantors have an exit strategy, as long as they use the correct legal instruments provided by the law.
Why Release from Guarantorship is Important
Many Brazilians become guarantors due to family or friendship ties, without assessing the risks involved. In cases of default, the guarantor may have their assets seized, salaries blocked, and even their own property put at risk.
For this reason, the possibility of release is vital. It ensures balance in contractual relationships and protects those who, at some point, agreed to help a relative or friend but later can no longer bear such responsibility.
Furthermore, the right to release offers more transparency in the rental market since it obligates the property owner to maintain updated guarantees and renegotiate contracts when necessary.
How to Request Release from Guarantorship
To end the obligation, the guarantor needs to follow several steps:
- Formally notify the landlord – The communication should be made in writing and preferably registered at a notary or with a receipt protocol.
- Comply with the 120-day deadline – During this period, the guarantor’s responsibility remains. This allows time for the landlord to seek a new guarantee.
- Check the contract clauses – Although the law takes precedence, it is important to verify if there are specific provisions about the guarantorship.
- Keep copies of documents – The notification and deadlines need to be documented to avoid future disputes.
This procedure can be done without the need for judicial proceedings, but, in case of the landlord’s resistance, it is possible to resort to the judiciary to ensure the right.
Impacts for the Landlord and Tenant
From the landlord’s perspective, release from guarantorship means the need to find a new guarantee, whether a new guarantor, rental insurance, or a security deposit. This prevents the contract from being unsupported in case of default.
For the tenant, the exit of the guarantor may present some difficulties, as they will need to replace the guarantee to maintain the contract. However, this movement also encourages modern solutions, such as rental insurance and capitalization bonds, which are growing in the market.
The Guarantor as a Vulnerable Party in the Rental Relationship
The STJ and state courts have recognized that the guarantor is often the most vulnerable party in the contractual relationship. Agreeing to be a guarantor, in many cases, is an act of trust, not a rational investment choice.
This understanding reinforces the importance of allowing release. Not infrequently, the guarantor ends up bearing debts they were unaware of, such as overdue condominium bills or damage to the property.
By guaranteeing the possibility of an exit, the justice system reaffirms that no one can be obligated to assume indefinitely obligations that compromise their livelihood or assets.
Guarantor and the Evolution of Guarantees in the Real Estate Market
The rental market is changing. Guarantorship, although still common, is losing ground to newer, less risky guarantees. Rental insurance is an example: it allows the tenant to pay a monthly or annual fee to the insurer, which assumes the risk of default.
Another alternative is capitalization bonds and cash deposits, which limit the risk to the deposited amount. These mechanisms reduce reliance on the guarantor figure and bring more professionalism to the sector.
Release from Guarantorship Is Little Known but Can Change Lives
The truth is that very few guarantors are aware of this right. Many remain bound to old contracts, unaware that they could legally disconnect with a simple notification.
This lack of information means that thousands of people live at risk of losing assets due to debts they did not incur directly. Therefore, publicizing this right is fundamental to balance relationships in the rental market.
Release from Guarantorship and Tenant Law: What Every Guarantor Should Know
The Tenant Law remains the primary reference for landlords, tenants, and guarantors in Brazil. The release from guarantorship is an example of how the law seeks to balance the interests of all parties involved, preventing abuses and preserving rights.
The guarantor who cannot or no longer wants to bear the risk must act proactively by notifying the landlord and ending their responsibility. At the same time, the tenant should be attentive to present a new guarantee and avoid contractual problems.
This little-known rule is one of the most important in the real estate sector and can make a significant difference in the life of anyone who once accepted to be a guarantor.
Seja fiador apenas para pessoas que se elas não pagarem vc faz questão de pagar por elas.
Testo com muitas repetições. Poderia ser bem mais enxuto.