Eviction lawyer in São Paulo, Brazil
We recover property from tenants who do not pay or breach the lease — seeking an injunction where the law allows, and without promising timescales that are not ours to give. In person or remotely, across Brazil.
5,0 · 18 Google reviewsEvery landlord asks the same question: how long will it take. The honest answer turns on one detail of your lease. If it carries none of the security interests listed in art. 37 of Brazil’s Tenancy Act — guarantor, security deposit, rent-guarantee insurance or fiduciary assignment of investment-fund units — you can seek an injunction to vacate within 15 days, on posting a bond of three months’ rent (art. 59, §1, IX). Valid security bars that specific ground; other grounds for urgent relief must be assessed separately. Reading the lease is the first service, not the last.
When we file.
- Non-paymentRent, service charges and property tax outstanding. We combine eviction with recovery of the debt.
- Lease without securityWith no guarantor, deposit or insurance, the route to a 15-day injunction to vacate opens up.
- Breach of the leaseProhibited subletting, use other than agreed, unauthorised works, nuisance.
- Term expired, non-residentialThe action must be filed within 30 days of the contractual end date or compliance with the repossession notice, subject to the other requirements (art. 59, §1, VIII).
- Security that lapsedIn the situations under art. 40, the tenant is notified to provide suitable replacement security within 30 days. We also check the guarantor’s continuing liability and applicable periods.
- No-cause terminationResidential lease running for an indefinite term, with prior notice and the statutory requirements met.
- Broken vacating agreementA written agreement signed by the parties and two witnesses allowed at least six months from signature to vacate and was not honoured.
How soon do I get the property back.
The date of the ruling on an injunction cannot be guaranteed. What does exist are the milestones the statute fixes, and those are workable: once the art. 59, §1 injunction is granted, the tenant has 15 days to vacate; on judgment the rule is 30 days, dropping to 15 where more than four months passed between service and judgment, or where the eviction rests on art. 9 or art. 46, §2 (art. 63).
Two points drive the pace and are rarely checked in advance. First: for the non-payment ground in art. 59, §1, IX, even with the injunction granted, the tenant defeats the order by depositing the full debt within those 15 days (art. 59, §3). Second: curing the default is only available if the tenant has not used that right in the preceding 24 months (art. 62, sole paragraph) — with repeat non-payment, that changes everything.
So we read the lease and the payment history first. That is where you find out whether the case supports an injunction, whether the tenant has already burned the chance to cure, and whether to join the debt claim. Strategy is set before the petition. If you are still mapping out the rules of the contract, our guide to Brazilian tenancy law gathers terms, guarantees, rent adjustment and termination. And where there is no lease at all — unlawful loss of possession — the appropriate route may be repossession.
How we run the case.
- Reading the lease and the securityWe check whether a guarantor, deposit or insurance exists and whether it is still valid. Security must be assessed together with the grounds and other requirements of the application.
- Quantifying the debtRent, charges, penalty, interest and indexation, with a calculation sheet — so the debt claim rides in the same action.
- Notice, where it helpsIn many cases a formal notice resolves matters without litigation, or builds the evidence the action needs.
- Filing, injunction and bondFiling with an application for an injunction where available, posting the three months’ rent the statute requires.
- Repossession and enforcementWe follow the warrant through, with police assistance if needed, and pursue the sums due without guaranteeing actual recovery.
What to bring to the first conversation.
Documents that speed up the review
The lease is the document that sets the strategy. Together with the security documents and payment history, it allows us to assess whether urgent relief may be available.
- Lease agreement and amendments
- Guarantee deed, deposit or insurance policy
- Schedule or statement of rent arrears
- Payment slips and proof of payment
- Demands and notices already sent
- Messages and e-mails exchanged with the tenant
- Property record or proof of ownership
- Outstanding service charges and property tax
Lease review and a written proposal before any step is taken. 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. · GoogleTranslations of real 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.
How long does an eviction injunction take in Brazil?
No date for the judicial decision can be guaranteed. What the law fixes is the effect: once the art. 59, §1 injunction is granted under Law 8,245/1991, the tenant has 15 days to vacate. What can be accelerated is the preparation — a well-founded application, the debt already calculated, and the three months’ rent bond deposited with the claim.
When is the 15-day injunction to vacate available?
In the nine situations listed in art. 59, §1. For non-payment the usual one is item IX, which requires the lease to carry none of the security interests of art. 37 — guarantor, deposit, rent-guarantee insurance or fiduciary assignment of investment-fund units — whether because none was agreed or because it lapsed. Valid security bars that specific ground, without automatically excluding other legal grounds for urgent relief.
Can the tenant pay up and stay?
Yes, within a limit. Art. 62, II allows the default to be cured within 15 days of service, covering rent, charges, penalty, interest, court costs and legal fees. But the sole paragraph bars the cure if the tenant already used that right in the 24 months before the claim. With recurring arrears, this is often decisive.
After judgment, how long does the tenant have to leave?
The rule in art. 63 is 30 days. It drops to 15 in two situations: where more than four months passed between service and the first-instance judgment, or where the eviction was granted on the basis of art. 9 or art. 46, §2. Schools and certain institutions have special rules subject to paragraphs 2 and 3.
Can the arrears be claimed in the same proceedings?
Yes, and we recommend it in most cases: it avoids two sets of proceedings and concentrates the negotiation in one place. We assess alongside whether to enforce against the guarantor and what recovery is realistic.
What does an eviction action cost?
Three components: fees agreed in writing before any step is taken, court costs on the value of the claim, and the three months’ rent bond where an injunction is sought — a deposit whose return is not guaranteed: it may pass to the defendant if the decision is reversed (art. 64, §2). Provisional enforcement may require separate security. The proposal follows the lease review and is set out in writing.
Do you act outside São Paulo?
Yes. The default venue is where the property sits, subject to a valid contractual choice of another venue (art. 58, II), and we handle it remotely with local agents under our instruction where proceedings are elsewhere. The strategy and the supervision remain ours.
How many months of rent are outstanding?
Send us the lease and the schedule of arrears. We will tell you, in the initial review, whether your case supports an injunction and which measures are appropriate. Review time depends on the documents and complexity.