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The eviction order has its reasons set out in the Tenancy Law. Understand when, how and why owners can order it.
The eviction order should be used as a last resort by landlords who have legal problems with their tenants, especially in relation to default – but not only! In this post, you learn:
what is eviction order
How it works and what are the steps
10 times when eviction order can be triggered
What are the rights of the lessee
What is an eviction order?
An eviction order, also known as an eviction action, occurs when a landlord goes to court to remove whoever is living in his property. The legal conditions for such a measure are in the Tenancy Law, which is Federal Law number 8245.
There are many specific reasons set out in the law, which cover topics such as:
Lack of payment
Deadline for rental
Non-compliance with contractual clause
Non-compliance with contract termination
End of employment contract (when the property is linked to the employer)
Lessee’s death (no legitimate successor)
If a tenant falls into one of these situations, receives a request to vacate the rental property and still refuses to leave within the stipulated period, the landlord can file an eviction order.
She’s not necessarily fast. In fact, it can take months for the judge to rule out the eviction. From this decision, one more period is added for the lessee to leave the property peacefully.
Finally, if even after all these months of processing and court decision, the tenant still refuses to leave, the eviction order will be issued and carried out by the bailiff or the police.
How does the eviction order process work? In the video above, lawyer explains
Eviction order: in the last case
The eviction order must be the last option of an owner and only occurs when any of the various situations provided for by law occur.
If the owner wants to repossess the property before the time stipulated in the contract, he can do so through an eviction request, which notifies the tenant of his plans, gives him a deadline for doing so and opens a negotiation between the parties.
If this happens before the end of the contract, it is possible to negotiate exits that benefit both the lessor and the lessee and terminate the contract by mutual agreement. If the negotiation does not bear fruit, patience: the tenant must wait for the deadline to not break the law.
It is called “empty denunciation”: denunciation because it is a warning and empty because there is no legal reason for it. Its counterpart is the “full denunciation”, that notice with a legal basis.
Remember that the tenant also has their rights under the Tenancy Law. Learn more in this post about owner’s rights and duties when selling a rental property.
When can the eviction order be triggered?
1. Failure to pay (rent or other fees)
It is the best known of the reasons for eviction orders: default. It could be non-payment of rent, condominium, property tax, water, electricity… According to Brazilian law, with only one day late in these payments, the landlord can file an eviction lawsuit – although most expect some months of “repeats” before doing it.
This is also where guarantees, such as surety bond and guarantor, come in, as the landlord can ask them to pay for what is late before thinking about an eviction order.
If payment is not made either by the tenant or by the guarantees, the landlord can file an eviction injunction. When a judge gives this injunction, the tenant has 15 days to regularize their situation or will be forced to leave the property.
2. Non-compliance with contract termination
If landlord and tenant have mutually decided to terminate the lease, in writing and before two witnesses, this termination is valid and the tenant must leave the property within 6 months. If he changes his mind and, at the end of this period, decides to stay, he cannot: the owner can file an eviction order.
3. End of employment contract
There are cases in which the employer offers housing to the employee, creating a link between employment and property. If this employment contract is terminated, the possibility of living there is also terminated – and the property must be returned, under penalty of eviction.
4. End of rental agreement
This one is quite self-explanatory: at the end of the contract period, without renewal, the tenant must leave the property. If he doesn’t, he may be evicted.
5. Use of property by owner (or family members)
One of the provisions of the Tenancy Law is that, if a property was rented for less than 30 months and there was no official renewal, at the end of this period the contract will automatically renew.