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Recent Decisions Make It Clear That The Landlord Can Only Require Repairs Or Painting If There Is Proof Of Damage Beyond Normal Wear, According To The Tenancy Law.
The automatic charge for painting at the end of a rental contract has been considered illegal by the courts. In recent decisions, state courts have recognized that the landlord can only require the tenant to return the property in the same condition it was received, except for deterioration caused by normal use.
This interpretation reinforces what is already provided for in Article 23 of the Tenancy Law (Law 8.245/1991), according to which the tenant must return the property as it was received, but is not responsible for normal wear and tear resulting from time and regular use.
What The Courts Have Decided
In October 2024, the 1st Recursal Panel of the Court of Justice of Paraná analyzed a case in which the real estate agency required new painting at the end of the contract, regardless of any specific damage. The court found that the charge was abusive, as there was no evidence of deterioration beyond the normal wear of the rental.
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The Court of Justice of the Federal District has also consolidated the understanding that repair or painting costs cannot be imposed without entry and exit inspection reports made in a fair manner. Unilateral reports are not sufficient to hold the tenant liable.
These precedents show that the courts seek a balance: the tenant must take care of the property and repair any damage they have caused, but cannot be penalized for natural effects of time, such as peeling paint, small marks, or color loss on walls.
Natural Wear Vs Actual Damage
To understand the difference, it is important to highlight that natural wear is the inevitable result of continuous use: paint that fades, grout that darkens, tiles that yellow. These signs cannot be charged as damages.
On the other hand, actual damages — such as large holes in walls, mold stains due to negligence, cracks caused by misuse — are the tenant’s responsibility and may justify charges.
The boundary between the two must be supported by documents. Therefore, courts require a detailed entry and exit inspection with photos, signatures, and reports.
Impact On The Rental Market
Court decisions provide greater security for tenants, who previously feared standardized and abusive charges at the end of the contract. At the same time, they encourage real estate agencies to improve their inspection procedures, clearly documenting the condition of the property.
Attorneys specialized in real estate law emphasize that the practice of “mandatory painting” at the end of the lease, without any assessment of the property’s condition, violates the law and undermines good faith in contracts.
What The Tenant Should Observe
To avoid conflicts, experts recommend that tenants:
- Request a detailed entry inspection, with photos and signatures;
- Participate in the exit inspection and keep a copy of the report;
- Document in photos the condition in which the property was returned;
- Question clauses that impose mandatory painting without reservations.
- If there is an undue charge, it is possible to contest it in court, presenting evidence of proper maintenance.
Recent court decisions make it clear: the automatic charge for painting at the end of the rental contract is abusive and contrary to the Tenancy Law.
The landlord can only require repairs when there is proof of damage beyond normal wear, always based on valid inspection reports.
Thus, the courts reinforce the prohibition of abusive practices, protect tenants, and provide more transparency to the real estate market.
Atitude errada.
Isso irá impor alugar um imóvel sujo para que o inquilino tenha despesa inicial com pintura.
Quando a justiça legisla e se mete nas relações contratuais, acertadas entre as partes da nisso.
Não há cláusula abusiva se foi acordado de forma livre pelos contratantes.
Renda fixa é melhor que imovel alugado!
Na verdade a lei brasileira estão tornando leis comunista até que uma hora o estado toma os bens, os valores morais, está se perdendo, uma forma de agradar eleitores contraventores, e aos poucos seremos um nação igual a Cuba, sem indústria as que existem será estatais muitas já foram para o Paraguai.
Que comentário?? Que tem haver isso com o que vc acha? Por ventura qtos imóveis vc tem alugado? Justiça e bom para dois lados. Vc deve ser de acordo onde passa 🐂🐂 passa a boiada?? Sem regras, sem leis?
Ei, já chegou de marte?
HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAAA
A lei do inquilinato é de 1991, qdo o Collor era presidente, “super comunista”!!! 😂