The lease for an indefinite period

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Law 8.245/1991 (which provides for the Lease of urban properties), known as the tenancy law, addressed many doubts and confusions between Lessor and Lessee regarding the term in the lease contracts.

The lease for an indefinite period

What was very common to happen was the fact that the Lessor, as the owner of the properties, restricted the terms and at any time required the possession of the property without any reason, often leaving the Lessee helpless without knowing how to act.

After the aforementioned law, that is, the tenancy law, the legislator tried to limit the Lessor's powers, establishing particularities for the Lessor to repossess the property in accordance with the period established in the lease agreements.

It is extremely important to emphasize that the Lessor and Lessee can agree on a period of less than 30 months in the lease.

The law in its article 46 establishes that:

In leases agreed in writing and for a period equal to or greater than thirty months , the termination of the contract will occur after the stipulated period, regardless of notification or notice. 1 After the agreed period, if the lessee remains in possession of the rented property for more than thirty days without opposition from the lessor, it will be assumed - if - the lease will be extended for an indefinite period, maintaining the other clauses and conditions of the contract.

Exactly in the first paragraph of that article, the legislator made it clear that, if the contract expires and the parties remain silent, if the tenant remains in the property for a period exceeding 30 days, the effect of an indefinite extension is born and this extension will be under the same conditions and clauses as the expired contract.

If there is an extension for an indefinite period, article 46 2 permits the Lessor to request the property at any time, but must grant a period of thirty days for the Lessee to vacate the property.

  • 2 In the event of an extension, the lessor may terminate the contract at any time, with a period of thirty days for vacating.

This is what we call an "empty denunciation", which is the request for the property by the Lessor after the contractual term has expired, without a motivation beyond the end of the term in which the lease agreement was signed.

And if the contract has a term of less than 30 months, does the same rule as in article 46 apply?

No , in lease contracts with a term of less than 30 months or a contract made orally, article 47 of the Tenancy Law provides that if the Lessee remains in the property for more than 30 days, the Lessor may only request the property if he has any reason, let's see:

Art. 47. When adjusted verbally or in writing and with a term of less than thirty months, after the established term, the lease extends -if automatically, for an indefinite period, the property can only be repossessed: I In the cases of art. 9th; II as a result of termination of the employment contract, if the occupation of the property by the lessee is related to his employment; III if it is requested for their own use, that of their spouse or partner, or for the residential use of an ascendant or descendant who does not have, as well as their spouse or partner, their own residential property; IV - if it is requested for demolition and licensed building or for carrying out works approved by the Government, which increase the constructed area by at least twenty percent or, if the property is intended for the operation of a hotel or pension, in fifty per cent; V - if the uninterrupted term of the lease exceeds five years. (our italics) 1 In the case of item III, the need must be demonstrated in court, if: a) The repossessor, claiming the need to use the property, is occupying, for the same purpose, another property of his property located in the same location or, residing or using property of another person, has already repossessed the property previously; b) the ascendant or descendant, beneficiary of the repossession, resides in their own property. 2 In the cases of items III and IV, the repossessor must prove to be the owner, buyer promissory or transferee, irrevocably, with immission in possession of the property and title registered with its registration.

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Special attention to item V of article 47 , as it is verified that in oral or written agreements with a term of less than thirty months, the lessor may terminate the lease agreement after five years of validity or after any of the events of article 47 have occurred.

Article 6 of Law 8.245/91 also brings the hypothesis of the Lessee to denounce the lease for an indefinite period as:

Art. 6 The lessee may terminate the lease for an indefinite period by giving written notice to the lessor, at least thirty days in advance. Single paragraph. In the absence of notice, the lessor may demand an amount corresponding to one month's rent and charges, in effect at the time of termination.

As we can see, the Lessee can terminate the contract at any time and, regardless of the reason, it should only communicate to the Lessor within a minimum period of 30 days.

As a rule, the Tenancy Law establishes that during the period stipulated for the duration of the contract, the lessor may not repossess the rented property . However, it is worth saying that the contract may indeed be terminated in a shorter period for reasons of breach, breach of contract and other circumstances provided for in the tenancy law.

Therefore, what the Lessor must observe is that regardless of the term established in the lease, the contract terminating if the Lessee remains in the property for more than 30 days and if the Lessor is silent, the contract will be automatically extended for an indefinite period with the same clauses and terms of the contract.

The lease for an indefinite period


Law 8.245/1991 (which provides for the Lease of urban properties), known as the tenancy law, addressed many doubts and confusions between Lessor and Lessee regarding the term in the lease contracts.

What was very common to happen was the fact that the Lessor, as the owner of the properties, restricted the terms and at any time required the possession of the property without any reason, often leaving the Lessee helpless without knowing how to act.

After the aforementioned law, that is, the tenancy law, the legislator tried to limit the Lessor's powers, establishing particularities for the Lessor to repossess the property in accordance with the period established in the lease agreements.

It is extremely important to emphasize that the Lessor and Lessee can agree on a period of less than 30 months in the lease.

The law in its article 46 establishes that:

In leases agreed in writing and for a period equal to or greater than thirty months , the termination of the contract will occur after the stipulated period, regardless of notification or notice. 1 After the agreed period, if the lessee remains in possession of the rented property for more than thirty days without opposition from the lessor, it will be assumed - if - the lease will be extended for an indefinite period, maintaining the other clauses and conditions of the contract.

Exactly in the first paragraph of that article, the legislator made it clear that, if the contract expires and the parties remain silent, if the tenant remains in the property for a period exceeding 30 days, the effect of an indefinite extension is born and this extension will be under the same conditions and clauses as the expired contract.

If there is an extension for an indefinite period, article 46 2 permits the Lessor to request the property at any time, but must grant a period of thirty days for the Lessee to vacate the property.

  • 2 In the event of an extension, the lessor may terminate the contract at any time, with a period of thirty days for vacating.

This is what we call an "empty denunciation", which is the request for the property by the Lessor after the contractual term has expired, without a motivation beyond the end of the term in which the lease agreement was signed.

And if the contract has a term of less than 30 months, does the same rule as in article 46 apply?

No , in lease contracts with a term of less than 30 months or a contract made orally, article 47 of the Tenancy Law provides that if the Lessee remains in the property for more than 30 days, the Lessor may only request the property if he has any reason, let's see:

Art. 47. When adjusted verbally or in writing and with a term of less than thirty months, after the established term, the lease extends -if automatically, for an indefinite period, the property can only be repossessed: I In the cases of art. 9th; II as a result of termination of the employment contract, if the occupation of the property by the lessee is related to his employment; III if it is requested for their own use, that of their spouse or partner, or for the residential use of an ascendant or descendant who does not have, as well as their spouse or partner, their own residential property; IV - if it is requested for demolition and licensed building or for carrying out works approved by the Government, which increase the constructed area by at least twenty percent or, if the property is intended for the operation of a hotel or pension, in fifty per cent; V - if the uninterrupted term of the lease exceeds five years. (our italics) 1 In the case of item III, the need must be demonstrated in court, if: a) The repossessor, claiming the need to use the property, is occupying, for the same purpose, another property of his property located in the same location or, residing or using property of another person, has already repossessed the property previously; b) the ascendant or descendant, beneficiary of the repossession, resides in their own property. 2 In the cases of items III and IV, the repossessor must prove to be the owner, buyer promissory or transferee, irrevocably, with immission in possession of the property and title registered with its registration.

Special attention to item V of article 47 , as it is verified that in oral or written agreements with a term of less than thirty months, the lessor may terminate the lease agreement after five years of validity or after any of the events of article 47 have occurred.

Article 6 of Law 8.245/91 also brings the hypothesis of the Lessee to denounce the lease for an indefinite period as:

Art. 6 The lessee may terminate the lease for an indefinite period by giving written notice to the lessor, at least thirty days in advance. Single paragraph. In the absence of notice, the lessor may demand an amount corresponding to one month's rent and charges, in effect at the time of termination.

As we can see, the Lessee can terminate the contract at any time and, regardless of the reason, it should only communicate to the Lessor within a minimum period of 30 days.

As a rule, the Tenancy Law establishes that during the period stipulated for the duration of the contract, the lessor may not repossess the rented property . However, it is worth saying that the contract may indeed be terminated in a shorter period for reasons of breach, breach of contract and other circumstances provided for in the tenancy law.

Therefore, what the Lessor must observe is that regardless of the term established in the lease, the contract terminating if the Lessee remains in the property for more than 30 days and if the Lessor is silent, the contract will be automatically extended for an indefinite period with the same clauses and terms of the contract.

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