Searching, visiting, and deciding. These three verbs, often repeated exhaustively, are part of the routine of those in the process of renting a residence. However, although the search has ended, the prospective tenant must be careful before concretizing the last verb of the process: renting. This is because, before signing the rental agreement, the new resident needs to know his rights and his obligations relative to the new home. All of this may be found in Federal Law n⁰ 8245/91, also known as the “Tenancy Law”, that has dealt with rental contracts in Brazil since being signed by then president Fernando Collor, in 1991.
The first step before renting the residence is to participate in a detailed survey of the place, including photos and witnesses that verify the real state of the house or apartment. Because one of the rights of the new resident is to receive the residence in a perfect state of conservation, from hydraulic and electrical installations to painting, floors, doors, windows and light switches. Even after signing the contract, if the place presents any damage that makes it uninhabitable, the tenant may ask for a contract termination without the payment of a fine.
Another form of breaking the tie with the landlord before the contract term without payment of a fine is when the tenant receives and accepts a job offer in another city. In that case, it is enough to verify the new job and notify the landlord that you’re leaving with at least one month’s notice. Everything is fine with the residence and no job offer out of town? Then let’s go on to the next right of whoever rents, in this specific case, an apartment: being exempt from paying the condominium’s extraordinary expenses.
These expenses uncommon to the building’s routine include expenses with internal or external painting of the building, as well as structural repairs – even in the case of accidents – new decoration, landscaping, or installation of interphones and other kinds of equipment. Still with relation to payments, another right of the tenant is receiving monthly receipts that verify the payment of rent, condo fees, water, light, gas and other bills that are in the landlord’s name.
As for the use of the residence, the tenant is guaranteed not to suffer any kind of interference from the landlord, without, of course, disrespecting the terms of the rental agreement. Lastly, among the main outstanding rights of the tenant, we cite the right to preferential treatment for buying the residence. Yes, when you rent a residence, if the landlord decides to sell it during the period of the lease, the tenant has the right of preference in the acquisition, that is, it must be offered to the tenant under the same conditions of the advertisement to other interested parties.
To know about other tenant’s rights, check out Law n⁰ 8245 of October 18, 1991 in full at: www.planalto.gov.br/ccivil_03/leis/I8245.htm
If you’re thinking of renting a residence, know about Relocation, a service offered by FINK for integration with the new city. Responsible for adaptation to the new organizational culture, FINK’s Relocation takes charge of more than just the move and all useful information about the new destination. Inside or outside Brazil, FINK’s Relocation specialists help clients from beginning to end, from the interest in moving to the adaptation to the new home, providing assistance in: immigration services, temporary lodgings, transcultural training, orientation tour, search for housing, educational assistance, rental contract, settling in, organizers, help in renting furniture, administration of the residence, administration of expenses, interpreters and security.