Commercial lease renewal lawyer in São Paulo, Brazil
Business premises are an asset of the tenant, and Brazilian law protects those who meet the requirements — provided the action is filed within a six-month window. We check your deadline first.
5,0 · 18 Google reviewsThe compulsory renewal action has one detail that costs tenants their premises without their understanding why: the deadline is a forfeiture period. Under art. 51, §5 of Law 8,245/1991, the action must be filed between one year and six months before the lease ends. Outside that window the right simply lapses — it is not suspended, not interrupted, not negotiable. So the first thing we do is open the lease and look at the date.
When renewal protects your premises.
- Lease coming to an endBetween one year and six months left, and you want to stay at the same address.
- Landlord unwilling to renewThe owner has signalled they will not renew, or simply does not respond to attempts to agree.
- Rent far above marketRenewal is conditioned on an unrealistic figure. The action puts the real rental value in issue.
- Shopping centre unitsThe centre cannot refuse renewal on grounds of own use (art. 52, §2) — the rule differs from street retail.
- Leases stitched together over the yearsSeveral successive written leases can be added together to reach the five years the statute requires.
- A third-party offer on the tableThe landlord has produced a better offer from someone else. That offer has formal requirements to meet.
- Deadline already missedThe window has closed. We assess what remains: negotiation and the least costly exit.
The three requirements and the window nobody sees.
Art. 51 is cumulative: the lease to be renewed must be in writing and for a fixed term; its term — or the sum of the uninterrupted terms of the written leases — must be at least five years; and the tenant must have been trading in the same line of business for an uninterrupted minimum of three years. Failing one item defeats the whole claim.
Adding the leases together is where the good news usually sits. Many tenants assume they have no right because the current lease runs for two or three years — but where successive uninterrupted written leases exist, they aggregate. It is worth opening the drawer before giving up. And art. 45 is explicit: a clause defeating the right to renewal is void.
On the landlord’s side, art. 72 lists what can be raised: failure to meet the requirements, an offer below the real rental value (excluding the increase the tenant’s own business brought to the location), a better third-party offer — which must be signed by the offeror and two witnesses and state the line of business — and the situations in art. 52. During the case the judge may set an interim rent of up to 80% of the amount sought.
How we run the case.
- Checking the windowFirst of all, the date. We verify whether you sit inside the one-year to six-month interval before the lease ends.
- Rebuilding the chain of leasesWe gather every written lease and amendment to aggregate the terms and evidence the five years and the three years of trade.
- Evidence of the premises and the valueTurnover, time in operation, improvements and a rental-value survey — what supports the offer the statute requires.
- Petition with a rent proposalThe claim must carry a clear offer of amount and terms. A badly calibrated offer is the leading cause of defeat.
- Negotiation, judgment and enforcementMany cases settle. Where they do not, we run through to the judgment that renews the lease and fixes the rent.
What to bring to the first conversation.
Documents that speed up the review
The first document answers the most urgent question. With the lease in hand we can tell you on the spot whether you are still within time.
- Current lease and every earlier one
- Amendments, renewals and extension deeds
- Proof of rent payments
- Articles of association, with object and start date
- Operating licence and municipal registration
- Invoices evidencing the line of business
- Photographs and invoices for improvements made
- Correspondence exchanged with the landlord
Deadline check at no cost, with no obligation. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesCommon questions.
What is the deadline to file a lease renewal action in Brazil?
Between one year and six months before the current lease ends — the window in art. 51, §5 of Law 8,245/1991. It is a forfeiture period: once it passes, the right lapses, with no suspension or interruption. If fewer than six months remain, time is already running against you.
My current lease is only three years. Have I lost the right?
Not necessarily. Art. 51, II allows the uninterrupted terms of earlier written leases to be added together to reach the five years. Many tenants give up without checking the full chain. It is worth gathering everything that exists before concluding anything.
The lease says there will be no renewal. Is that valid?
No. Art. 45 of the Tenancy Act treats as void any clause designed to defeat the purposes of the statute, including the right to renewal. The clause appears in many leases, but it does not bar the claim where the art. 51 requirements are met.
I lease a unit in a shopping centre. Are the rules the same?
Partly. Art. 54 gives effect to what was freely agreed between tenant and centre, but the right to renewal remains. And there is a specific protection: under art. 52, §2 the centre cannot refuse renewal on grounds of own use or transfer of business — a ground an ordinary landlord may invoke.
If I lose the case, how long do I have to vacate?
Under art. 74, as amended by Law 12,112/2009, the court issues an eviction warrant with 30 days for voluntary vacating, provided the landlord asked for it in the defence. The older wording, referring to six months, has been repealed — outdated versions of this still circulate.
What does it cost, and do you act outside São Paulo?
Fees are agreed in writing before any step is taken and vary with the rent, the complexity of the chain of leases and whether the rental value is disputed. The deadline check is free. We act across Brazil, instructing and supervising local agents outside São Paulo.
When does your lease expire?
Send us the lease. We check the art. 51, §5 window at no cost and tell you whether you are still in time — and what to do if you are close to the limit. We reply within one business day.