What are the deadlines for reporting a lease?
Terminating a lease contract before the end of the term is possible by complying with certain notice periods to notify in advance the intention to end the lease, whether you are a tenant or landlord. The specific deadlines to follow may vary depending on the case and contract.
Do you have questions regarding leasing? The credit intermediaries of Poupança do Minuto are available to assist you with your doubts and/or move forward with the hiring of any product you may need. To learn about the notice communication deadlines, continue reading the article.
How to report a lease contract?
A lease agreement can be terminated through written notice, by registered letter, whether initiated by the tenant or the landlord.
To do this, it is necessary to send a registered letter clearly identifying the sender, the recipient, and the reason for the termination of the contract.
Attention: When sending the registered letter, it is essential to keep a copy of it and its respective registration, so you have a way of proof.
What are the deadlines for reporting according to the types of lease contract?
Termination of a lease agreement before the end of the term can only be effective if the termination is notified with a certain period of advance notice, which varies according to the type and duration of the contract and whether it is the landlord or the tenant who is terminating.
Contract with definite term
When the landlord terminates:
If a landlord wants to terminate the lease with a specific deadline, they must follow the following notice periods to the tenant:
| Contracts of 6 or more years | 240 days |
| Contracts between 1 and 6 years | 120 days |
| Contracts between 6 months and 1 year | 60 days |
| Contracts with a term of less than 6 months | 1/3 of the initial contract duration or its renewal period. |
When the tenant terminates the contract: If the tenant wants to terminate the lease, the notice periods differ in longer contracts.
| Contracts of 6 or more years | 120 days |
| Contracts between 1 and 6 years. | 90 days |
| Contracts between 6 months and 1 year | 60 days |
| Contracts with a term of less than 6 months | 1/3 of the initial contract duration or its renewal period. |
In other words, to terminate the contract, tenants with longer contracts are required to give notice of termination between 60 and 120 days in advance, unlike landlords. The latter are already required to comply with minimum notice periods of 120 to 240 days. In contracts with a duration of less than 6 months and up to 1 year, the deadlines remain the same.
Contract without a fixed term
If the contract has no fixed term, in other words, if there is no specific end date, only after six months of effective duration it is possible to have grounds for termination. There are also notice periods to be complied with:
| Contracts with 1 or more years of effective duration | 120 days from the scheduled date for termination. |
| Contracts with up to 1 year of effective duration | 60 days from the scheduled date for cessation |
This is, let's look at an example: If the lease agreement without a fixed term starts on December 10, 2023, the tenant can only terminate it from June 10, 2024, after the six-month duration. In this case, when renouncing the contract, the tenant will have to give a minimum notice of 60 days, sending a registered letter to the landlord with this same communication.
If, for any reason, the tenant needs to leave the property earlier than the notice period they have to give, they can do so. However, this implies paying the rents corresponding to the period of advance missing.
Are you going to denounce a lease contract immediately and need help with financing to pay off the rent for the notice period? Contact Poupança no Minuto: Credit intermediaries can help you with contracting a personal loan in a minute, without worrying about bureaucracy.