In the text “Going to rent a residence? Know about the tenant’s rights”, those interested in renting or advertising a residence were presented to what the “Tenancy Law” (Federal Law n⁰ 8.245/91) guarantees the tenant, as well as the landlord’s obligations relative to signing the contract. Now, it’s time to present the obligations of whoever rents a house or apartment, and the guarantees granted by the law to the owner of the residence.
The tenant is obliged to be punctual in the payment of rent and other expenses agreed to in the rental contract, such as condo fees and other expenses related to the residence, such as light, water, gas and fire tax. The landlord must receive payment on the due date, with a fine for any period of delay previously determined in the agreement. In case the tenant does not fulfill his commitment on the due date, the landlord has the right to sanction him with an Eviction Lawsuit, or any other sanction agreed on. Besides the departure of the overdue tenant, the lawsuit gives the owner of the residence the right to receive interest.
The tenant that uses the residence for other purposes than those agreed upon is also subject to an Eviction Lawsuit. It’s important to note that the tenant is not the owner of the property and, therefore, cannot use it indiscriminately. A common example is the unwarranted use for commercial purposes. If the property is for residential use, the tenant cannot, in any way, make it a source of income, such as attending to private patients by physical therapists, psychologists, or other professionals that can work at home.
In the case of an apartment building, or condominium of houses, the tenant must abide by the established rules, in order to avoid sanctions. Although he doesn’t own the property, the tenant will suffer the sanctions established by the condo, and must pay the fines. It is worth noting that the Tenancy Law foresees that the tenant must comply with the code of conduct and the rules established by the condominium.
It is also the tenant’s obligation to ask for the landlord’s permission for renovations or structural modifications in the residence. This goes for both internal and external areas, such as, for instance, opening a space to install an air conditioner, or tearing down a wall to install an open plan kitchen. All of these renovations must be previously authorized in writing by the landlord, who may require a return to the original version at the end of the contract.
As for the return of the property, it’s worth noting that the tenant must repair all the damages caused to the residence. This means returning it in the same condition as at the time of the survey at the beginning of the rental, both esthetically and functionally.
To know more about the obligations of the tenant, check out Law n⁰ 8245, of October 18th, 1991 in full at: http://www.planalto.gov.br/ccivil_03/leis/l8245.htm