Rent review action in Brazil
Representation for landlords and tenants seeking judicial adjustment where contractual rent has moved away from the market and a negotiated solution is unavailable.
5,0 · 18 Google reviewsA Brazilian rent review action seeks judicial adjustment of rent to the market level. It is different from an annual index-linked adjustment and from a commercial lease renewal action, which concerns continuation of a qualifying business lease. Before filing, we check the statutory period, the last agreement or review, the lease and evidence of market rent.
What we handle in judicial rent review.
- Eligibility analysisReviewing the lease, amendments, the last agreed value and the period required under the Brazilian Tenancy Act.
- Market evidenceOrganising comparables, reports, property characteristics and evidence supporting the proposed rent.
- Pre-action negotiationA reasoned proposal to seek an agreed adjustment where this serves the client’s interests.
- Claim or defenceInitial claim, defence and procedural strategy for a landlord or tenant.
- Interim rent and expert evidenceHandling interim applications, court expert appointment, questions, technical assistance and review of the report.
- Contract consequencesAssessing security, charges, term and the effects of review on the lease relationship.
How we assess a rent review claim.
- Lease and historyWe collect the lease, amendments, payment records, communications and dates of adjustments, agreements or reviews.
- Legal eligibilityWe confirm the time requirement and whether the issue is rent review, contractual adjustment or another lease remedy.
- Value and evidenceWe assess a documented market range and identify whether technical valuation evidence is required.
- Negotiation or proceedingsWe explain risks, seek settlement where appropriate and conduct the claim or defence.
What clients say on Google.
“From the outset, I received exceptional service. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I especially value their professionalism, service and honesty.”
Rita G. · Google“Very courteous and patient, always with precise and reliable answers. I recommend them without reservation.”
Thais T. · GoogleGenuine client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (Brazilian Bar reg. 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 MarquesResources on rent and Brazilian leases.
Common questions.
When is a rent review action available in Brazil?
If there is no agreement, a landlord or tenant may generally seek judicial review after three years of the lease or the last agreement on rent, in order to adjust it to the market level.
Is rent review the same as annual adjustment?
No. Annual adjustment applies the index and frequency stated in the lease. Judicial review compares current rent with market value and depends on the requirements of the Brazilian Tenancy Act.
Are rent review and lease renewal the same action?
No. Rent review concerns the amount payable. A renewal action seeks compulsory renewal of a qualifying commercial lease where its specific conditions are met.
Can the court set interim rent?
Brazilian legislation allows interim rent to be discussed during the case, subject to legal limits and the evidence. An application or challenge should be supported by market documentation.
Is a valuation report required?
Expert evidence is often material to determining market rent. Pre-action opinions and comparables can guide strategy but do not automatically replace the court-appointed expert review.
Can judicial review increase or reduce rent?
Yes. A landlord or tenant may bring the claim, which seeks market alignment. The outcome depends on the evidence, property characteristics and the court’s decision.
Has the rent moved away from the market?
Send the lease, amendments and payment history. The review separates index adjustment, judicial review and renewal and identifies the evidence required for each route.