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The Return of the Security Deposit in Rental Contracts Follows Specific Rules for Savings Earnings Linked to Selic and TR. Understand How Monthly Updates Work and Which Documents Ensure the Correct Value for the Tenant.
The security deposit in cash deposited at the beginning of the residential lease must be returned to the tenant with the earnings from the savings account to which it was linked, provided there are no debts or damages attributed.
The Tenant Law establishes this requirement and, therefore, the calculation is no longer arbitrary: the update follows exactly the official earnings of the savings account, which combines TR and interest defined by law.
The starting point is the proof of the initial deposit and the date the linked savings account was opened.
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The same law limits the security deposit to a maximum of three rents, which only contextualizes the amount on which the earnings are based.
To verify if the return was correct, check the accumulated balance in this account on the lease termination date.
Savings Rule: When It Is Worth 0.5% Per Month and When It Is Worth 70% of Selic
Since 2012, the savings account operates under a dual model.
When the Selic is above 8.5% per year, the remuneration is 0.5% per month + TR.
If the Selic is equal to or below 8.5% per year, the savings account yields 70% of the Selic target per year, monthly, + TR.
This formula, instituted by Law 12.703/2012 and regulations from the Central Bank, is the reference that must be applied to the security deposit month by month, according to the prevailing interest rate during each period of the contract.
The Reference Rate (TR), defined by the Central Bank, is added to the earnings along with the interest.
In recent long periods, it remained close to zero but has returned to showing positive values in certain months.
Even when small, it influences the total due and therefore needs to be included in the calculation.
Dates Count: Account Anniversary and Lowest Balance for the Period
The savings account credits earnings on the account anniversary, observing the so-called “lowest balance for the period.”
This means that the earnings month runs from one anniversary to the next; any withdrawals in between reduce the calculation base.
In rental practices, since the security deposit is usually a one-time payment, simply track the monthly turnarounds on the same date the account was opened until the day the keys are handed over.
In contracts with durations that do not complete full months, the credit of earnings follows the anniversary logic.
Thus, the correct time frame is from the deposit date to the anniversary immediately preceding the end of the contract, with the last credit occurring on the anniversary before the return.
How to Check the Return Using an Official Tool
With three basic pieces of information — amount deposited, exact date of the deposit into savings, and end date corresponding to the handover of the keys — it is possible to simulate the update in a public tool.
The Citizen Calculator from the Central Bank has the option “Value Correction by Savings Account”, which automatically applies the applicable regime for each month, considering whether 0.5% per month + TR or 70% of Selic + TR was in effect.
The result returns the accumulated amount and serves as an objective reference to confront the amount reported by the real estate agency or landlord.
In addition to standardizing the calculation, the calculator incorporates the effective TR for each month, which avoids discussions about which index to use.
For the security deposit, since there are no successive contributions, the procedure tends to be straightforward: enter the deposit date, the withdrawal date, and the original value.
Practical Example with Dates and Applicable Rule
Suppose the security deposit was R$ 3,000, deposited on March 10 and returned on March 10 of the following year.
On each monthly “anniversary” — always on the 10th — the earnings for the month apply according to the rule in effect at that moment.
If throughout the period the Selic remained above 8.5% per year, each month yielded 0.5% plus the TR for that month.
If some months occurred with Selic equal to or below 8.5%, during those intervals, the remuneration changes to 70% of the annualized Selic, plus the corresponding TR.
At the end, the balance shown in the savings account on the termination date is the amount to be refunded, provided there are no offsets for debts.
Documents That Prove and Secure the Amount Due
The correct refund also depends on the proof of the link between the security deposit and the savings account.
It is advisable to require the proof of opening of the account linked to the rental contract, as well as statements showing the monthly evolution of the balance.
Under normal circumstances — paid contract and property returned in good condition — the amount to be paid is exactly the balance of the linked savings account on the termination date.
When there are no statements or the return is less than the effective balance, a lower payment is characterized, which may be corrected when presented with the calculation based on the official rule.
If the real estate agency or the owner do not provide the documents, the tenant can formally request an accounting, indicating the amount and dates.
The legislation is explicit regarding the allocation of earnings and provides an objective basis for verification.
Old Deposits: What Changes for Deposits Made Before 2012
There is a time frame that deserves attention.
Security deposits made before May 2012 follow the remuneration form that was in effect then, which guaranteed 0.5% per month plus TR while the amount remained in the savings account.
From the legal change, the dual model linked to Selic became applicable.
This distinction is recognized by the financial system itself and must be respected in simulations.
In any case, using an official tool with the exact dates of the deposit and withdrawal eliminates doubts about the final amount.
For long contracts, with security deposits applied for years, it is possible that the period includes phases with both high and low Selic.
In these cases, each month is calculated under the rule valid for that period, and credits accumulate at each anniversary.
Focus on the Essentials: How to Know If the Amount Is Correct
Checking if the return is correct involves three checks.
First, the existence of the deposit in the linked savings account, as required by the Tenant Law.
Then, the anniversary date that defines the earnings periods and the mechanics of the lowest balance.
Finally, the monthly updates according to the applicable rule in each phase, including the TR.
With this data, verification using the Citizen Calculator tends to align expectations with reality and reduce the margin for controversy.
Additionally, observing the TR for the period helps to understand variations.
When the TR is zero, the earnings come only from interest (0.5% per month or 70% of the Selic, depending on the case). When the TR becomes positive again, even if slightly, it adds to the remuneration and raises the final balance.
Finally, the return does not depend on the goodwill of the parties but on compliance with public and verifiable parameters.
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