Eviction and rent collection, from the lease to the return of the keys

PRACTICE AREAS

The path depends on the lease and the guarantee. The review shows whether an injunction applies, who should be pursued and whether a move-out agreement solves it at a lower cost for the owner.

Eviction

Collection

Guarantor and guarantees

Agreement and prevention

• Eviction for non-payment

• Injunction to vacate in 15 days, when available

• Residential and commercial leases

• Follow-up until the keys are returned

• Collection together with eviction

• Enforcement of the lease

• Condominium fees, IPTU and overdue bills

• Calculation of the updated debt

• Including the guarantor in the action

• Seizure of the guarantor’s assets, as the law allows

• Rental insurance and deposit

• Expired guarantee or released guarantor

• Move-out agreement with a deadline and written terms

• Installments for the arrears

• Lease review before renting

• Notice to the tenant

Every month of delay weighs on the budget. The review starts with the numbers.

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You send the documents

We review the lease and the guarantee

You receive the path and the proposal

By WhatsApp or in an online meeting: the lease, the guarantee, receipts of what was paid and a sheet of what is outstanding.

We check whether the 15-day injunction applies, who should be pursued, the updated amount and which path has the lowest cost and risk.

We present the recommendation (agreement, eviction with collection, or enforcement) and the written fee proposal, before any engagement.

Founding attorney · Master’s candidate in Law

The firm is led by attorney Sidnei Pedro Dias, with more than ten years of practice and experience in contracts, collections and eviction actions. The team follows every step, from first contact to the return of the keys.

OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693

Based in Anápolis-GO with fully digital service, SPD Advocacia handles cases throughout Brazil, including before the high courts (STJ and STF). The team follows every step, from day-to-day questions to oral argument in court.

Sidnei Pedro Dias Sociedade Individual de Advocacia · registered with OAB/GO under no. 3.123

Common examples, described in general terms. Each case depends on its own facts and documents.

No guarantee

Tenant with a guarantor

A lease without a guarantor, deposit or insurance, and a tenant behind on rent. The law allows an injunction for vacating in 15 days, with a deposit of three months’ rent. If the tenant pays the full debt within 15 days, the lease continues.

When there is a guarantor, they must be included in the action from the start to answer for the debt. The home where the guarantor lives can be seized, even in a commercial lease (STJ Precedent 549 and STF Theme 1,127).

Abandoned property

Move-out agreement

The tenant left the property without returning the keys and with debts. Repossession must follow the path set by law, and collection of rent and charges is based on the lease and the receipts.

The tenant wants to leave but cannot pay everything at once. A written agreement with a move-out date and installments for the arrears can avoid a lawsuit. If the agreement is not kept, a well-drafted document makes collection easier.

Do I need to notify the tenant first?

A written notice helps to try an agreement and to record the debt. If no agreement comes, eviction is the path set by law (Law 8,245/1991, art. 5).

How long until the property is vacated?

It depends on the judge, on service of process and on the tenant’s conduct. The law provides 15 days under the injunction and 15 days after the judgment in eviction for non-payment, but nobody can guarantee the date.

Does the guarantor also pay?

Yes, if included in the action from the start (STJ Precedent 268). The guarantor is not liable for an amendment they did not sign (STJ Precedent 214).

Can I change the locks or remove the furniture?

No. Repossession of the property is done through an eviction action.

The property is in another city. Can you help?

Service is digital, and the case proceeds electronically, in the court where the property is located or the court chosen in the lease.

Where can I read more?

In the article The tenant does not pay and will not leave: what to do, with deadlines, documents and official sources.

Tell us on WhatsApp how much is overdue and what guarantee the lease has. The team replies with the initial review and a written proposal.

If you prefer, write to dias@spd.adv.br

Informational content, under the OAB rules (Provision 205/2021). Each case needs its own review, and we do not promise results. Sidnei Pedro Dias Sociedade Individual de Advocacia · OAB/GO 3.123 · CNPJ 32.614.440/0001-25