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 or rent-guarantee insurance — you can seek an injunction to vacate within 15 days, on posting a bond of three months’ rent (art. 59, §1, IX). If security exists, the ordinary procedure applies. 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-residentialLease ended and tenant notified: once the 30 days run out, an injunction is available (art. 59, §1, VIII).
- Security that lapsedA guarantor who died, sought release or went insolvent, with no replacement offered within 30 days.
- No-cause terminationResidential lease running for an indefinite term, with prior notice and the statutory requirements met.
- Broken vacating agreementThere was a written agreement with a term of at least six months and it was not honoured.
How soon do I get the property back.
There is no statutory deadline for a judge to rule on the injunction — anyone promising a date is guessing. 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 (art. 63).
Two points drive the pace and are rarely checked in advance. First: 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.
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. That opens or closes the injunction route.
- 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 until payment.
What to bring to the first conversation.
Documents that speed up the review
The lease is the document that sets the strategy. With it in hand we can tell you the same day whether your case supports an application for an injunction.
- 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 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.
How long does an eviction injunction take in Brazil?
There is no statutory deadline for the judge to decide, and any promised date is a guess. 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 or rent-guarantee insurance — whether because none was agreed or because it lapsed. Where valid security exists, that route is closed and the case follows the ordinary procedure.
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. Schools, hospitals and registered religious bodies have their own, longer periods.
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, not an expense, returned at the end. The proposal follows the lease review, which is free.
Do you act outside São Paulo?
Yes. The action runs in the forum where the property sits, 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, at no cost, whether your case supports an injunction and what the fastest route is. We reply within one business day.