Did Your Rent Go Up Too Much, or Is There a Problem With Your Lease?

Quando o reajuste vem fora do combinado ou a locação trava por atrasos e cobranças, é possível entender o contrato e buscar uma saída equilibrada.

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

What Is Usually at Stake

Problems with a lease take many forms: an annual rent increase far above what you expected, charges that were not in the contract, questions about getting a security deposit back, late rent payments, or disagreements over who pays for repairs to the property. Both the person who rents out the property (the landlord, or locador) and the person who lives in it (the tenant, or inquilino) have rights and duties set by law and by the contract itself.

The starting point is almost always the same: read carefully what was signed and compare it with what is actually happening.

The Rent Increase

The contract normally names an adjustment index (such as the IGP-M or the IPCA) and the date it applies, usually once a year. It is worth checking a few points:

• Whether the index used is the same one written in the contract;
• Whether the calculation covered the correct period, with no increases at shorter intervals than allowed;
• Whether extra amounts (fees, penalties) were charged without a clear provision.

When the contracted index shows a sharp rise, the amount can become a heavy burden. In some cases it is possible to talk about a friendly revision; in others, to challenge in court clauses that prove disproportionate. Each situation depends on what the contract says.

Late Payments, Guarantees, and Returning the Property

Late payments, the use of the guarantee (a guarantor, a security deposit, or rent guarantee insurance), and the return of the keys at the end of the lease also cause frequent conflicts. Questions often arise about the penalty for leaving early, the move-in and move-out inspections, and responsibility for damage. Keeping records of everything helps clarify who is responsible for what.

How to Get Started

An organized approach usually makes the review easier:

• Reread the contract and find the clauses on rent increases, penalties, guarantees, and term;
• Gather proof of payment for the last several months;
• Write down dates and amounts that seem odd or different from what was agreed;
• When possible, put what was agreed in writing (message, e-mail).

What Evidence and Documents to Gather

• The signed lease agreement and any amendments;
• Proof of payment of rent and related charges (condominium fees, IPTU (municipal property tax), water, electricity, when provided for);
• Bills or notices of the rent increase showing the index and the calculation applied;
• Move-in and move-out inspections, photos, and reports on the condition of the property;
• Messages and e-mails exchanged with the other party or with the real estate agency.

With these materials in hand, you can assess clearly whether the rent increase and other charges follow the contract and the law, and which steps make sense in your case. Our guidance is informational: every lease has its own particulars, and the best next step depends on the documents and on what was agreed.