The Eviction Process in Brazil: Ação de Despejo Rules

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).

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Judicial backlogs in major Brazilian capitals can significantly delay evictions. Always consult a licensed attorney in Brazil for advice specific to your situation. Information last verified: March 2026.

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 landlord can compel the tenant to leave without providing a specific reason as soon as the term finishes. This is known as a denúncia vazia (empty/unmotivated termination). The landlord must issue a 30-day notice to vacate; if the tenant refuses to leave, the landlord files a fast-track eviction.

Conversely, for contracts signed for less than 30 months (e.g., 1 year), at the end of the term, landlords can generally only evict the tenant under strict conditions (e.g., needing the property back for personal family use) for up to 5 consecutive years.

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 condominium fees.
• Contractual late fees (multa moratória).
• Pro-rata late interest.
• Court filing costs.
• The landlord's attorney fees (usually set by the judge at 10% to 20% of the debt).

Tenants are only permitted to utilize 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.

The most prominent scenario for a 15-day liminar is when the rental contract lacks any form of active guarantee. If a lease was signed without a guarantor (or the guarantor withdrew/died) and without a security deposit, the landlord can request a fast-track eviction for non-payment by depositing a judicial bond worth 3 months' rent in the court registry.

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.

Back to Brazil Landlord-Tenant Laws Overview.