Lease agreement in São Paulo
Drafting and review of residential and commercial leases: guarantees, essential clauses, rent adjustment and dispute prevention. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsThe lease agreement is what decides who comes out ahead when the relationship sours: the guarantee chosen, adjustment and termination clauses, each party's responsibilities and the design that makes eviction easier — or harder. The Tenancy Law (8.245/1991) balances the relationship, but a well-written contract is what avoids the dispute.
What the lease agreement must resolve.
- Residential leaseHousing contract: admitted guarantees, move-in inspection, legal adjustment and the clauses that protect the owner without violating the tenant.
- Commercial leaseCommercial premises: business-purpose clauses, works, improvements, the renewal action and the protection Law 8.245/1991 gives the location — see renewal action.
- Lease guaranteesDeposit, guarantor, bond insurance and capitalization bond: the right choice for each tenant profile — and the combination the law forbids.
- Essential clausesTerm, adjustment, improvements, inspection, termination and penalty — what the generic contract omits and what generates disputes.
- Review of an existing contractThe signed contract that does not protect: clause review and an amendment for current reality.
- Anti-dispute designClauses that ease repossession: inspection, notice, return procedure — what makes eviction simpler when needed.
- Distinction from commodatum and assignmentCommodatum, lease assignment and sublease are different institutes — the right contract for each reality.
The contract is what the judge reads when the relationship sours.
The guarantee is the first decision: a deposit (caução) is a refundable deposit; a guarantor (fiador) answers personally; bond insurance (seguro-fiança) is a paid premium. The law forbids cumulating more than one guarantee in the same contract — and the wrong choice leaves the owner uncovered when the tenant fails.
Commercial leases have their own regime: a tenant who has exploited the same business activity for at least three years and holds written leases totaling five years is entitled to the renewal action — forced contract renewal (Law 8.245/1991, art. 51). A contract that does not provide for improvements, works and the renewal dynamic exposes the owner to the dispute that should have been avoided.
Termination and penalty need design: term, proportionality and the calculation method that survives a rent review action. The move-in and move-out inspection, documented with photos and a signed record, is what decides the conservation-state dispute — and what sustains the damages claim.
The badly drafted contract generates the expensive litigation: an ambiguous adjustment clause, a cumulated invalid guarantee, no return procedure. Preventive review — before signing or at amendment — costs less than a complicated eviction or an improvement dispute.
How we run the case.
- Understand the dealResidential or commercial, tenant profile, term and what needs protecting.
- Choose the guaranteeDeposit, guarantor or bond insurance — the one suited to the profile, within what the law allows.
- Draft or review the contractComplete, proportional and enforceable clauses — without the gap that generates disputes.
- Provide for the exitInspection, return and termination designed to work when the lease ends.
What to bring to the first conversation.
Documents that speed up the review
The contract is born from the property, the tenant and the deal — documents and data that define the clauses.
- Property title registration and documents
- Landlord's and tenant's documents
- Tenant profile and activity, for commercial leases
- Proposed rent, term and adjustment
- Intended guarantee
- Prior contract or existing draft
- Inspection and property photos
- Planned improvements or works
Case 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.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
Which guarantees does the law allow in a lease?
Deposit, guarantor and bond insurance — cumulating more than one in the same contract is forbidden (Law 8.245/1991, art. 44). The choice depends on the tenant's profile and the owner's risk tolerance.
Can a commercial tenant force a renewal?
Yes — the renewal action allows compulsory renewal when the tenant has exploited the same business activity for at least three years, the written leases total five years and the landlord refuses to renew (Law 8.245/1991, art. 51). A contract that provides the mechanism reduces the dispute.
Is the guarantor liable for the whole contract?
The guarantor answers for the tenant's obligations as written — a generic guarantee may even cover future debts. A badly drafted guarantee is litigation; a well-written one defines its reach.
Is a verbal lease valid?
A lease can be verbal, but proof gets complicated: rent, term and responsibilities become each party's word. A written contract with inspection protects both sides.
Can rent adjustment be free?
The adjustment clause must follow an admitted legal index (IGP-M, IPCA) — adjustment by a forbidden index or an ambiguous criterion generates a rent review action. The right design avoids the discussion.
Is a move-in inspection mandatory?
Not legally mandatory, but it is proof of the property's state at handover — and what decides the damages claim on return. Without it, the dispute comes down to versions.
Does the contract protect the deal — or contain the gap that generates the dispute?
Send the draft or the existing contract: we review the clauses, the guarantee and the exit design, with a written proposal.