Eviction proceedings in Brazil: grounds, procedure and timing
Grounds for eviction under Brazilian Law 8,245/1991, curing arrears and the conditions for a provisional order allowing 15 days to vacate.
An eviction action is the court procedure for a landlord to recover leased premises when the tenant does not leave voluntarily. Brazilian Law 8,245/1991 provides grounds including non-payment, expiry of certain leases and breach. An interim order under article 59 may allow 15 days to vacate, subject to specific requirements and security equivalent to three months’ rent; it does not promise a decision or recovery within 15 days of filing. Curing arrears may preserve the lease where legally available.
Tenant not paying? See how we run eviction proceedings in São Paulo — and when an injunction to vacate applies. Is there no tenancy, including an oral one? Depending on how possession arose and whether there was unlawful dispossession, the appropriate route may be repossession in São Paulo. The general rules of leasing are in our guide to Brazilian tenancy law.
When a lease goes wrong — the rent goes unpaid, the term expires and the tenant does not leave, the contract is breached — the landlord needs a safe and lawful response. That response has a name: the eviction action. And it is worth saying from the outset what you cannot do: changing the lock, cutting off the water or removing the tenant's belongings on your own is illegal and may expose the owner to liability.
Voluntary handover of the keys may end occupation without eviction proceedings. Compulsory removal of a tenant, however, requires the court process. This guide explains the grounds, curing arrears, termination without cause, interim-order requirements and factors affecting timing and costs, with an expressly hypothetical example.
When does the eviction action apply?
The Tenancy Act 8.245/1991 provides for several grounds for the landlord to repossess the property. The main ones are:
Non-payment of rent and charges (art. 9, III) — a statutory ground.
Contractual or statutory breach (improper use, prohibited sub-letting, damage to the property, etc.).
Expiry of a non-residential lease: under the general rules, a fixed term ends under article 56; termination of an indefinite-term lease follows article 57.
Repossession for own use or for family members, in the cases allowed by law.
Breach of an agreement to vacate, among others.
The legal ground determines the requirements, documents and deadlines. A lease can be oral: the absence of a signed agreement does not automatically make the occupation unlawful possession outside a tenancy.
Commercial rules should not be applied indiscriminately to housing. Written residential leases of at least 30 months fall under article 46; oral leases or shorter terms are subject to the restricted grounds in article 47. Hospitals, educational establishments and other uses protected by article 53 also have special rules.
How does eviction for non-payment work?
Non-payment is a ground under articles 9, III, and 62 of Law 8,245/1991. The landlord must provide an itemised debt calculation and may combine termination with a claim for payment. In that case, the tenant responds to the eviction claim, while the tenant and any liable guarantors respond to the debt claim.
The tenant or guarantor may avoid termination by curing the arrears (purga da mora): depositing the full updated debt with the court within 15 days of service, calculated under the applicable procedural rules, without waiting for judicial permission or a court accountant’s calculation. In REsp 1,624,005/DF, the STJ treated this as a procedural period starting when the completed service document or postal receipt is filed. Under the current Code of Civil Procedure, check business-day counting, the method of service and its corresponding start date. Do not assume a later conciliation hearing postpones this payment deadline.
The deposit covers rent and charges falling due up to payment, enforceable contractual penalties, interest, court costs and the landlord’s legal fees: 10% of the amount due unless the contract provides otherwise. This option is unavailable if the tenant used it in the 24 months immediately before the action was filed. Later rent must continue to be deposited when due.
Partial payment or an instalment proposal alone does not cure the default. Article 62, III, allows a top-up within ten days of notice where the landlord explains a shortfall; this does not permit an arbitrary underpayment or guarantee another opportunity to pay sums the tenant disputed as not owed. If no form of lease security under article 37 exists, the interim order under article 59, § 1, IX, should also be assessed.
What is a no-cause notice to quit in a commercial lease?
Termination without cause (denúncia vazia) means recovering the premises without alleging a breach or a particular need, where the law allows it. Under the general non-residential rules, a fixed-term lease ends at expiry without notice (article 56). If the tenant stays for more than 30 days without opposition, it becomes an indefinite-term lease. At that stage, the landlord must serve written notice giving 30 days to vacate (article 57). Expiry and termination after an indefinite extension are different situations.
A timely commercial lease renewal action and its requirements must be considered: the landlord cannot simply ignore it to bypass statutory protection of the business location. Filing, however, does not guarantee renewal or prevent every eviction claim. Compliance, the conditions in articles 51 and 71 and the defences under articles 52 and 72 must be assessed. The filing window runs from one year to six months before the lease expires.
How quickly can you repossess the property?
Timing depends on the grounds, defence, evidence, service and court. An interim order under article 59, § 1, gives 15 days to leave after notice of the order, not a total deadline for the proceedings. It requires judicial security equivalent to three months’ rent and one of the exclusive statutory grounds, including:
Expiry of a non-residential lease: the action must be filed within 30 days of expiry or completion of the notice of intended recovery, as provided by item VIII.
Non-payment where no article 37 security remains: because none was agreed, it ended or release was requested, within item IX. No guarantor or cash deposit is not enough if another valid form of security exists.
Breach of an agreement to vacate: the agreement must be written, signed by the parties and two witnesses, and allow at least six months from signature for departure (item I). Seasonal lease: the action must be filed within 30 days of expiry (item III). Other statutory grounds also exist.
For non-payment under item IX, article 59, § 3, allows the tenant to avoid termination and discharge the interim order by depositing the full debt within the 15 days allowed for departure, subject to the rules on curing arrears. Outside the statutory grounds, any urgent relief requires its own legal basis and conditions; it is not automatic. Without a provisional order, the case proceeds to judgment with the necessary defence and evidence.
Following a successful claim, the eviction writ normally allows 30 days for voluntary departure, reduced to 15 in the circumstances in article 63, § 1, with special rules for certain establishments. Resistance, appeals and enforcement may extend the time needed to recover the premises.
Costs include agreed legal fees, court fees, service and enforcement expenses, and possible liability for the other side’s legal costs. Security for an interim order is separate from lease security and is not a legal fee. The claim value is generally 12 months’ rent, subject to the statutory exception and any combined claims. Check the current São Paulo court schedule, procedure and eligibility for a fee waiver; there is no universal price or guaranteed full reimbursement.
Hypothetical example: Paulo’s leased shop
Fictional example: suppose Paulo lets a shop in São Paulo to a retailer without any security listed in article 37. After a year, the tenant stops paying and accumulates four months’ arrears without answering demands. Paulo considers changing the locks but is advised against taking matters into his own hands.
Paulo could bring eviction and debt-recovery claims supported by an itemised calculation. If article 59, § 1, IX, applies and he provides judicial security, he could seek an order allowing 15 days to vacate. The court would assess the evidence and defence; the tenant could cure the arrears, where permitted, and have the interim order discharged. If the tenant did not do so and the order remained effective, enforcement could restore possession. Bringing a debt claim does not guarantee full recovery. This is not a client story, an order obtained or a result achieved by the firm.
The most common (and costly) mistakes
Taking matters into your own hands. Changing the lock or cutting off services is illegal and can expose the landlord to liability.
Choosing the wrong legal ground. Non-payment, termination and breach have different requirements; overlooking them may undermine the claim.
Treating interim relief as automatic. Requirements, judicial security and evidence must be assessed; 15 days to leave does not mean a 15-day court case.
Providing insufficient documents. Gather evidence of the tenancy, a calculation for any debt claim and notice where required; lack of a written agreement does not itself rule out eviction.
Ignoring a renewal claim. Check its timing and grounds without assuming renewal is automatic.
Checklist: before filing the eviction action
Identify the correct ground (non-payment, notice to quit, breach, own use).
Gather the contract, the calculation of the debt and proof of the notice (as the case may be).
Check whether there is security under the contract (this affects the interim order in non-payment cases).
Assess the availability of an interim order to vacate under article 59 and the judicial security required.
Check whether the tenant is entitled to the renewal action (this affects the no-cause notice to quit).
Rely on a lawyer to define the strategy and conduct the action.
Frequently asked questions about the eviction action
What is the eviction action and when does it apply?
It is the court procedure for a landlord to recover leased premises when they are not returned voluntarily, on grounds allowed by Law 8,245/1991: non-payment, breach, permitted expiry or termination, and own use in the statutory cases. Residential, commercial and specially protected leases have different rules. A lease may be oral. Changing locks or removing belongings to force departure is not a substitute for court proceedings.
How does eviction for non-payment work?
The landlord proves the debt and may combine eviction with a payment claim. The tenant or guarantor may cure arrears through a full court deposit within 15 days of service, using procedural counting and the start date for the relevant service method. The sum includes amounts due up to deposit, enforceable penalties, interest, costs and legal fees; this option is unavailable if used in the 24 months before filing. Where no article 37 security exists, an interim order requires compliance with article 59. Partial payment or an instalment proposal is insufficient.
What is a no-cause notice to quit in a commercial lease?
It means recovering premises without alleging a specific cause where legally permitted. Under the general non-residential rules, a fixed term ends without notice (article 56). Remaining for more than 30 days without opposition creates an indefinite term, which requires written notice allowing 30 days to leave (article 57). A timely renewal action must be considered but does not guarantee renewal or bar every eviction; its requirements and defences still apply.
How long does an eviction action take?
There is no fixed duration. Article 59 may allow an interim order giving 15 days to vacate, with security equivalent to three months’ rent and specific conditions; this is not a promise of recovery within 15 days of filing. For non-residential expiry, item VIII requires filing within 30 days of expiry or completion of notice. For non-payment, item IX requires no article 37 security. Service, defence, evidence, appeals and enforcement affect the total duration.
Where is the eviction action for a property in São Paulo filed?
Normally in the courts where the property is located, unless there is a valid contractual choice of forum (article 58, II, of Law 8,245/1991). The clause must also meet article 63 of the Code of Civil Procedure, including a connection with a party’s domicile or residence or the place of the obligation; an arbitrary court cannot be chosen. Jurisdiction, procedure, tenancy evidence, calculations and required notices must be checked.
Do I need a lawyer to file an eviction action?
In the ordinary courts, yes. Law 9,099/1995 permits an own-use eviction claim in the small-claims court where its requirements are met; for claims up to 20 minimum wages, a lawyer may be optional at first instance, but is required above that amount and on appeal. This is not general permission to bring non-payment eviction claims there. A lawyer can assess grounds, deadlines, evidence, interim relief or the defence.
Recovering or defending premises requires a case-specific assessment
Eviction proceedings provide a lawful forum for seeking recovery of leased premises. Adequate documents and requests supported by the facts help organise the case but do not guarantee an interim order, completion date or success. Voluntary departure and a valid settlement should also be considered.
Understanding the grounds and costs helps landlords decide how to proceed. The same information helps tenants prepare a defence or assess curing the arrears within the deadline. Advice must serve the represented party’s interests without a conflict of interest.
At Falchet e Marques Sociedade de Advogados, in São Paulo on Avenida Paulista, we handle eviction proceedings and business and real estate law. We advise landlords seeking possession and, in separate matters, tenants defending claims, according to the documents and legal merits.
Talk to our team on WhatsApp: +55 11 95901-1854 — to assess the appropriate claim or defence for your case.