Renting a home in Brazil as a foreigner

What the law says that surprises foreigners

• Rent in reais only. Art. 17: “É livre a convenção do aluguel, vedada a sua estipulação em moeda estrangeira e a sua vinculação à variação cambial”. A lease at “US$ 1,200 a month” or indexed to the dollar is not allowed. For residential leases the adjustments follow the specific legislation. Lei 10.192/2001, art. 2, § 1 declares null any clause of adjustment with a period shorter than one year, so the first increase cannot come before twelve months. See rent adjustment.
• No advance rent, except for short stays. Art. 20 forbids the landlord from asking rent in advance, with two exceptions: the cases of art. 42, and the seasonal lease, defined in art. 48 as a lease of up to ninety days for leisure, courses, health treatment or works in your own home, furnished or not. In a seasonal lease the landlord may collect all the rent and charges in advance and ask for a guarantee (art. 49). A furnished flat needs an inventory of the furniture in the contract (art. 48, sole paragraph). See short-term rentals.
• One guarantee, not several. Art. 37 lists four: a deposit (caução), a personal guarantor (fiança), rental guarantee insurance (seguro fiança) and assignment of investment-fund units. “É vedada, sob pena de nulidade, mais de uma das modalidades de garantia num mesmo contrato”. A landlord who asks for a deposit and a guarantor breaks the law. See rental guarantees.
• Deposit capped at three months. Art. 38, § 2: a cash deposit “não poderá exceder o equivalente a três meses de aluguel” and must be placed in a savings account (caderneta de poupança), with the returns going to the tenant when it is withdrawn.

For a newcomer without a Brazilian guarantor, the deposit and the insurance are the usual substitutes. The law does not require a Brazilian guarantor; the landlord chooses among the four, and negotiates.

Length of the lease and ending it

The landlord cannot take the property back during a fixed term (art. 4). If the landlord sells, the buyer may end the lease with ninety days’ notice, unless the lease has a fixed term, contains a clause that it continues after a sale, and is recorded in the property record (art. 8). You also have a right of first refusal if the landlord sells (art. 27). Early exit and eviction are explained in ending a lease early and eviction.

Who pays what

Art. 22 puts on the landlord, unless the lease says otherwise, the property tax (IPTU) and charges, and the extraordinary condominium expenses, such as structural works and the reserve fund; the landlord also pays agency and intermediation fees, including the cost of checking the tenant’s reliability (art. 22, VII). Art. 23 puts on the tenant the rent, charges and ordinary condominium expenses, such as staff, water and electricity of common areas and maintenance, to be paid by the sixth working day of the following month if no date is set. The IPTU is a city tax and the condominium rules differ by building: ask for both in writing. See condominium fees.

Papers a foreigner needs

• CPF. IN RFB 2.172/2024, art. 4 requires the CPF for people who carry out “operações imobiliárias de quaisquer espécies”. Landlords and agencies generally ask for it, so a foreigner arriving without one should apply early: see CPF for foreigners. A foreigner with an address abroad must renew the CPF data each year (art. 23-A). Once living in Brazil, check your tax residency: tax residency.
• Portuguese. Código Civil art. 224 says foreign-language documents must be translated into Portuguese to have legal effect in Brazil. A bilingual lease should have the Portuguese version as the binding one, and the Receita can require sworn translations of foreign documents for the CPF (art. 33, § 3).
• Paying from abroad. The rent is in reais. A payment from abroad is an exchange operation through an authorised institution (BCB Resolution 277, art. 13), while a non-resident can open a reais account (art. 67): see sending money to Brazil.

If you share, sublet or separate

Subletting, assigning the lease and lending the home need the landlord’s prior written consent, and delay in answering is not consent (art. 13). If a couple separates or divorces, a residential lease continues with the spouse who stays (art. 12). If the tenant dies, the surviving spouse or partner takes over, then necessary heirs living in the home (art. 11).

Which professional to consult

A licensed real-estate broker (corretor de imóveis) or a lawyer registered with the OAB can read the lease before you sign; see real estate broker.