Supreme Court Confirms: Guarantor's Property Can Be Seized in Lease Agreement Even If It's Family Property, Decision Sparks Controversy and Concerns for Thousands of Landlords and Tenants

Supreme Court Confirms: Guarantor’s Property Can Be Seized in Lease Agreement Even If It’s Family Property, Decision Sparks Controversy and Concerns for Thousands of Landlords and Tenants

Written by Débora Araújo

Published on 08/09/2025 at 07:22

STF confirma: imóvel de fiador pode ser penhorado em contrato de aluguel mesmo sendo bem de família, decisão gera polêmica e preocupa milhares de locadores e inquilinos

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STF Confirms That Guarantor’s Property Can Be Seized in Lease Agreements, Even If It Is a Family Home, and the Decision Causes Controversy in the Real Estate Market.

In Brazil, the rental market is one that moves billions of reais every year. To ensure payment, it is common for landlords to require a guarantor – someone who is responsible for the debts in case the tenant fails to fulfill the contract.

But the question has always been in the air: if the guarantor has only one residential property, can they lose it in case of the default of the debtor?

The Federal Supreme Court (STF) answered clearly: yes, the family property of the guarantor can be seized in lease agreements. The decision, with general repercussion, generated strong controversy in the market and concerns both landlords and tenants.

ARTICLE CONTINUES BELOW

The STF Decision

In 2021, in the judgment of Extraordinary Appeal 1.307.334, with recognized general repercussion, the STF confirmed the constitutionality of Article 3, VII, of Law No. 8.009/1990.

This provision states that family property is not protected against seizure when it comes to a lease guarantee contract.

In practice, the STF understood that by agreeing to be a guarantor, the person voluntarily assumes the risks of the contract, including the risk of losing their only property.

Why the STF Maintained the Seizure

The ministers argued that the institution of guarantee is essential for the viability of the rental market. Without the possibility of execution against the guarantor’s family property, many landlords would stop renting, increasing legal insecurity and reducing the supply of available properties.

The winning vote highlighted that the rule seeks to balance the interests between landlords and tenants, ensuring safety for those lending their assets and maintaining access to rental housing for millions of families.

Critiques of the Decision

Despite the reasoning, the STF’s decision generated many criticisms. Lawyers and consumer defense entities argue that allowing the seizure of the guarantor’s only property can lead entire families to the streets for debts they did not incur directly.

STJ and Courts Confirm: Heir Who Maintains Maintenance, Pays Utility Bills, and Invests in Renovations Can Acquire Property Against Relatives Who Never Cared for It

Critics argue that this interpretation violates the principle of social function of housing, as provided by the Constitution, and places the guarantor in a situation of extreme vulnerability.

There are those who advocate that the market should seek more modern alternatives for guarantees, such as rent insurance or capitalization bonds, without exposing the guarantor to such risk.

Impacts on the Real Estate Market

The STF’s decision reinforces the importance of the guarantor as rental security, but it also generates fear. Many people are giving up being guarantors, fearing losing the only property of their family.

On the other hand, landlords celebrated the decision, as it brings more legal security and reduces the risk of default.

This impasse may accelerate the growth of alternative solutions, such as:

Rent Insurance (paid monthly by the tenant);
Cash Deposit (up to three rents deposited in advance);
Guarantee by Capitalization Bond.

Practical Examples

A mother who agrees to be the guarantor for her son’s lease can have her apartment seized if the son fails to pay the rent.
A retiree who guarantees his grandson’s contract is also at risk of losing the only property where he resides.
For the landlord, the decision means greater ease in collecting debts without facing long fruitless processes.

What the Guarantor Should Evaluate Before Signing

The STF’s decision makes it even more urgent to reflect: before agreeing to be a guarantor, it is essential to understand the risks. The act of signing the guarantee means, ultimately, putting one’s own house at stake.

Lawyers advise that, if possible, the candidate for guarantor should opt for other guarantees or require clear payment terms and deadlines from the tenant.

The STF put a final point in the legal discussion, but the controversy continues in the public debate. For some, the decision guarantees security in the market. For others, it exposes families to irreparable losses.

The fact is that from now on, no one can claim ignorance: being a guarantor means assuming the real risk of losing the only property, even if it is family property.

10 Comments

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Valdecir

#174768

14/09/2025 14:18

Prá eles é muito fácil decidir isso, afinal suas famílias são milionárias e não precisam ser fiador de ninguém, decisão absurda e arbitrária , não pensam na população, vergonha

Respond

Regina

#173629

12/09/2025 23:18

O fiador nunca tem o esclarecimento suficiente quanto ao assunto. Seja em decorrência da legislação, seja em decorrência da decisão do STF, que protege os mais favorecidos (locadores , associações e todos os lobistas (ou interessados) que foram admitidos a esse julgamento.
Não há qualquer cláusula ou condição esclarecedora no contrato de locação, em detrimento do fiador, pessoa de pouco conhecimento, com um único imóvel destinado a sua residência.

Respond

Andrade

#172418

10/09/2025 17:35

Indústria da fiança por trás, e claro com esse entendimento protege patrimônio dos juízes né, mas eles não sabem que imobiliárias pedem 10 vezes mais o depósito caução e não 3 como manda a lei ,fazem de tudo para evitar fiador

Respond

Supreme Court Confirms: Guarantor’s Property Can Be Seized in Lease Agreement Even If It’s Family Property, Decision Sparks Controversy and Concerns for Thousands of Landlords and Tenants

STF Confirms That Guarantor’s Property Can Be Seized in Lease Agreements, Even If It Is a Family Home, and the Decision Causes Controversy in the Real Estate Market.

The STF Decision

Why the STF Maintained the Seizure

Critiques of the Decision

Impacts on the Real Estate Market

Practical Examples

What the Guarantor Should Evaluate Before Signing

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Supreme Court Confirms: Guarantor’s Property Can Be Seized in Lease Agreement Even If It’s Family Property, Decision Sparks Controversy and Concerns for Thousands of Landlords and Tenants

STF Confirms That Guarantor’s Property Can Be Seized in Lease Agreements, Even If It Is a Family Home, and the Decision Causes Controversy in the Real Estate Market.

The STF Decision

Why the STF Maintained the Seizure

Critiques of the Decision

Impacts on the Real Estate Market

Practical Examples

What the Guarantor Should Evaluate Before Signing

Mother and daughter build a 70 m² house with more than 8,000 discarded glass bottles and impress with their creativity; known as the Casa de Sal, the property is located on Itamaracá Island, in Pernambuco.

Workers were opening a new road connection near the Marginal Tietê when they found, in the underground of the construction site, remnants of locomotives, wagons, and boilers from the 19th century linked to the forgotten history of Lapa.

Instead of burning or burying old tires, an American city is transforming about 2,000 of them into the street itself, paving its first sections with a quieter and more durable rubber asphalt.

China transforms desert-devastated area into the world’s largest artificial forest, planting trees for 60 years, blocking sand that reached Beijing, and creating a “green lung” of 92,000 hectares in a region once considered lost.

Greek island offers free housing for volunteers, but there’s a condition: you need to take care of rescued cats.

Engineers want to carve through Africa with a giant canal to bring water from the world’s second-largest river to a dying lake on the edge of the Sahara Desert that has already lost 90% of its water.

China has deployed snake-shaped robots to slide along power lines, where they have already inspected over 130 kilometers of cables using cameras and sensors to detect damaged wires, worn-out parts, and overheating.

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