How to Evict a Tenant in Brazil: Process & Timelines

If your tenant stops paying or breaks the lease in Brazil, you can't just change the locks. You'll need to start a judicial process called Ação de Despejo. Governed primarily by Law No. 8.245 (Lei do Inquilinato), which became effective on 18 October 1991, it's a formal path that ensures everyone stays within the law.

Evicting a tenant in Brazil is entirely a judicial procedure. Under no circumstances may a landlord physically remove a tenant, change the locks, or turn off essential utilities (water, electricity) without a court order. Doing so constitutes a criminal offense ("taking justice into one's own hands"). The legal avenue is the Ação de Despejo (Eviction Action).

Common Grounds for Eviction (Just Cause)

1. Non-Payment of Rent (Inadimplência)

The most common cause for an eviction lawsuit is failure to pay rent or mandatory contractual fees (like condominium dues or municipal taxes).

2. Lease Violations and Illegal Activity

If a tenant breaches the contract-such as subletting without written permission, making unauthorized structural alterations, or causing a severe nuisance-the landlord can sue for contract termination and eviction.

3. End of the Lease Term (Denúncia Vazia / No-Fault)

Brazil's laws provide tenants with strong stability, but landlords retain an important mechanism. If a written residential lease was signed for 30 months or longer, the lease terminates automatically at the end of the term regardless of notice (independentemente de notificação ou aviso), per Art. 46. If the landlord files for eviction within 30 days of the term's expiration, no prior notice is required. However, if the landlord does not file within this 30-day window and the tenant remains, the lease becomes indeterminate; in this case, a 30-day notice is required before filing (Art. 46, § 2º). Note that the 15-day fast-track injunction (liminar) for the end of a lease term is legally restricted to non-residential contracts.

Conversely, for contracts signed for less than 30 months (e.g., 1 year), the landlord can only resume the property for specific reasons (e.g., personal use, demolition) or after 5 years of uninterrupted occupation (Art. 47, V).

The Right to Cure: "Purgação da Mora"

When a tenant is sued for non-payment of rent, Brazilian law grants them a grace period once the judge formally serves the lawsuit. The tenant has 15 days to completely clear the debt to legally force the cancellation of the eviction process. This right is called purgação da mora (clearing of the delay).

To do so, the tenant must pay the full sum directly into a judicial escrow account, which must cover:

• All overdue rent and accessories (condominium fees, taxes).
• Contractual penalties and interest.
• Court filing costs.
• Attorney fees fixed at 10% of the total debt if the contract does not specify a different percentage (Art. 62, II, d).

Tenants are only permitted to manage this "cure" lifeline once every 24 months. If they default again within that two-year period, they forfeit the right to cure and face straight eviction.

Fast-Track Eviction Injunctions (Liminares)

While standard evictions can take 6 months to over a year in congested courts like São Paulo or Rio de Janeiro, Article 59 of the Tenancy Law provides for a fast-track eviction injunction (liminar) under very specific circumstances where the judge orders the tenant to vacate within 15 days, prior to offering a defense.

A 15-day liminar to vacate is available only in specific cases, such as non-payment of rent when the contract lacks any form of active guarantee (fiança, caução, etc.), provided the landlord deposits a judicial bond worth 3 months' rent in the court registry (Art. 59, § 1, IX). It is important to note that the injunction for the end of the lease term (Art. 59, § 1, VIII) applies exclusively to non-residential leases and is not available for residential denúncia vazia.

Navigating the Final Removal

If a tenant refuses to leave after the judge issues a final eviction order, a state court bailiff (Oficial de Justiça) is dispatched to carry out the removal. If tension or refusal continues, the bailiff is authorized to request the assistance of the Military Police to physically empty the property and transport belongings to a public depository.

How Landager Helps

Landager tracks lease terms, automated rent reminders, and document expiration - making it easy to stay compliant with Brazil regulations.

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