Devolver um imóvel alugado: como funciona?

Returning a rented property: how does it work?

What is the correct procedure for a tenant to follow when returning a rented property?

Renting properties is becoming increasingly popular among people of all ages. For young people, it is an opportunity to leave their parents' house without having to spend a lot of money on housing.

For adults, it is an excellent option for those who travel a lot for work and need to constantly change location. It is also an option for many elderly people who are looking for an alternative lifestyle and more interaction, such as in cohousing .

The benefits of renting an apartment are enormous. However, just like buying a property, returning it also has its bureaucratic aspects that must be analyzed very carefully so that neither party is harmed.

At this point, some points must be taken into consideration. Among them, some of the most important are compliance with the advance notice and the exit inspection.

This inspection covers a huge number of items that many people are unaware of! For example, did you know that it may include an exit fee that covers any wear and tear and cleaning costs?

If you don't pay attention to these details, you may end up being charged with several responsibilities that are provided for in the Tenancy Law. We don't want you to have any problems when returning your rented property. That's why we're here to help you!

In this text, we will explain everything you need to know about this surprise-free return. Here are the topics that will be covered:

  • When returning a rented property, plan ahead;
  • First step to return a rented property: give 30 days' notice;
  • Have the contract and Entry Inspection Report on hand when returning the rented property;
  • New paint: what color can I use?
  • I made improvements to the apartment, can I ask for a refund when returning a rented property?
  • I damaged the floor. What now?
  • Luminaires;
  • Leaks and blockages;
  • Do I need to clean to hand over a rental property?
  • My contract includes an exit fee when returning a rented property: how does it work?

Let's go!

When returning a rental property, plan ahead

The main rule for any tenant who is returning a rented property is to be prepared. Mainly, so that there are no financial surprises and you have to bear expenses that you did not foresee.

All property rentals follow the rules established by the Tenancy Law. It defines all the rules and responsibilities of the tenant and the owner during the process.

With it, neither party is harmed. Its rules serve to ensure that the rental of the property is as harmonious as possible, so that the tenant has an excellent experience and the owner is not financially harmed.

Among all the rules defined by the Law, there are those that involve the return of the property. Don't think that it is simple, just handing over the keys to the place to the owner when the term established in the rental agreement ends.

It's much more complex than that. The tenant must take care of a series of procedures, such as complying with the notice period and ensuring that the property is in the same condition in which it was delivered.

There are a lot of details, but don't worry! We'll explain the main ones so you're prepared. Check it out.

First step to returning a rental property: give 30 days' notice

Prior notice is one of the main obligations that every tenant must follow when renting property, according to the Tenancy Law.

It represents a notice in advance if you wish to leave the property before the end of the lease stipulated in the rental agreement. Its purpose is mainly to help the owner prepare for your departure so that he can find someone else to rent the apartment .

Every standard contract has a notice period clause, which is usually set at a minimum of 30 days. However, if the tenant fails to comply with this period, they will have to pay a fine for early departure, the amount of which is also defined in advance when signing the contract.

This charge is permitted by the Tenancy Law and normally corresponds to one month's rent, in addition to other charges that may be included depending on the case.

Although the fine is legal, it is not ideal when returning a rented property to either party. For the tenant, there will be an additional expense in this process. For the owner, there will be no time to find another resident.

Therefore, it is best to comply with this prior notice so that no one is harmed.

Have the contract and Entry Inspection Report on hand when returning the rented property

Before signing the rental agreement, one of the main procedures followed is the inspection. A qualified professional is hired to assess the property and confirm that it is in perfect condition for living.

In this report, a series of items must be stated. From the quality of the paintwork in the room, to the condition of the furniture , flooring, and even possible existing damage. Everything must be detailed and attached to the contract.

When returning a rented property, an expert must also carry out a new inspection before handing over the keys. Here, the objective is to verify that the property will be returned in the same condition in which it was delivered. This includes everything that was detailed in the document, such as the paintwork and the quality of the furniture.

Both the entry and exit inspections are extremely important for the rental process. Mainly, so that no one is charged for anything undue. Or even so that the necessary repairs can be made so that the place can be rented again.

After all, it is very common for problems to appear over time. Constant use can, for example, wear down the floor, damage light fixtures, or even cause major problems involving plumbing or leaks.

Each of these situations must be resolved properly before the property is returned. In the following topics, we have separated the main situations that may occur so that you know how to deal with each of them.

New paint: can any color be used?

It is very common for tenants to paint their apartment a different color during their stay, either because the paint has started to peel with use, become yellowed or worn.

Although it is permitted, it is important to emphasize that this is only possible if agreed with the owner.

So, if the tenant wants to paint his space a new color, he must give advance notice and see if the landlord accepts the proposal.

But shouldn't the property be returned with the same characteristics as it was delivered?

Theoretically, yes. However, there are exceptions, such as when the owner agrees to paint the place a different color. Or, if the tenant does not find the original color when returning it and suggests using a similar color.

The Tenancy Law defines the guidelines to be followed when renting a property. However, some things can still be agreed differently, as long as both parties are aware and no one is harmed.

I made improvements to the apartment, can I ask for a refund when returning a rented property?

Renovations and improvements are highly controversial topics when it comes to renting properties. The Tenancy Law is clear about returning the property in the same condition in which it was delivered. But what if some changes are necessary to the space?

The answer is different depending on the case. In situations where there is a problem or damage that was not caused by the tenant, the landlord must renovate it so that the tenant is not harmed in his or her home.

Improvements, on the other hand, are not considered necessary for your stay. In other words, they are not defects that needed to be fixed, such as plumbing problems or mold.

In this case, the costs are the sole responsibility of the tenant. However, many people wonder whether the costs incurred can be requested as a refund. Again, the answer will vary.

Many improvements may be eligible for reimbursement, as long as they are agreed upon in advance by the parties. In some cases, the owner may consider such a change to be something truly positive for the property, agreeing to pay for the amount spent.

Even if you do not refund the full amount, it is possible to return part of the money invested. Everything can be agreed upon, as long as the improvement is notified in advance.

Otherwise, the tenant will have to renovate the place again to bring it back to the same condition it was in originally, thus spending even more money for something that will be temporary.

I damaged the floor. What now?

Damaging your floor is a more common problem than many people realize.

Most of the time, it occurs due to wear and tear over time, which can damage the material used from stepping on or dragging the furniture. Or, it can occur due to the tenant's own misuse.

Whatever the case, the repair of the damage to the floor must be done before returning a rental property. What will vary is who will be responsible for bearing this cost.

If it was caused by natural wear and tear over time, the owner is fully responsible. However, if it was damaged due to misuse, the tenant will have to pay for the repair.

This is another reason why an exit inspection is so important. It will be able to prove whether the floor has been damaged by constant use or by the tenant. And most importantly, it will identify the problem before someone else moves in and has to deal with the problem.

Luminaires

Just like all other furniture, when returning a rented property, the lamps must also be returned in perfect condition.

If the tenant has broken the items, he or she is obliged to replace them according to the Tenancy Act. No object, whatever it may be, must be missing at the time of return.

Even if you can't find a light fixture that's identical to the one you had, you can replace it with a similar one. The important thing is to pay for the repair without the owner being financially harmed.

Leaks and blockages

Leakage and blockage problems are very common in every property. If they occur, in most cases, the owner is largely responsible for paying for the repairs.

This is because it is very unlikely that the tenant will misuse the water and cause a leak or blockage. Although the landlord is responsible, it is very common to see cases where the tenant fails to inform the landlord about the problem. And, often, the tenant ends up finding out much later.

Failure to notify the tenant can cause serious damage to the property over time, severely damaging the landlord financially. If this situation occurs and it is proven that the problem arose while the tenant was still living there and did not notify the tenant, the landlord may be held liable for the damage.

It may be a simple problem, but if left untreated, it could spread and cause immense damage to the property. In addition to the cost of repairing it being even higher, it will take longer for the owner to be able to rent the apartment again in perfect condition.

Do I need to clean to hand over a rental property?

Theoretically, yes. After all, every tenant will receive a clean property for their stay. So, when returning a rented property, they must also clean it so that it is returned in good condition.

Many people prefer to clean the place themselves. However, an alternative for those who are not fans of cleaning is to hire someone to do the job. Typically, the service will include cleaning floors, windows and furniture. However, it may vary depending on the needs of each room and the level of dirt.

In the case of a daily cleaner, the amount charged can vary from R$100.00 to R$500.00, depending on the size of the property.

Another option for those who don't want to go to the trouble of finding a professional to carry out the cleaning is to agree with the owner so that he or she can pay for the cleaning himself or herself.

In this case, he may charge a fee in his exit contract, since he will have to bear a cost that, theoretically, is the tenant's responsibility.

My contract includes an exit fee when returning a rented property: how does it work?

Many landlords include an exit fee in their rental agreement. It is not mandatory to include it in the document, but it is permitted by law. Therefore, it is important for every tenant to be aware of whether this fee is included and what it refers to.

For example, it could represent the cleaning fee, as mentioned above, so that the tenant does not have to pay for this service. It could also refer to the early departure of the tenant, if they do not comply with the 30-day notice period.

Finally, a third very common example is to be used for possible damage to furniture, if it is not repaired before the property is returned. This way, the owner will not be harmed by having to bear a cost due to the tenant's carelessness.

The exit fee can have several purposes, but whatever it is, it must be clearly stated in the rental agreement. The tenant must be clear about what may be charged, so that there is no misunderstanding.

How and to whom do I hand over the keys when returning a rental property?

When returning a rented property, the keys must be handed over, as a priority, to the owner. If this is not possible, they must be handed over to the real estate agency responsible for the rental or, alternatively, to someone responsible at the landlord's discretion.

All of these people who may receive the keys must also be specified in the rental agreement. This way, if the owner is unavailable for any reason, the tenant will know who to contact to return the rented property.

Conclusion

When returning a rented property, every tenant must pay attention to the rules mentioned in this text so that they do not have any problems or disagreements with the owner or real estate agency.

After all, everyone has their duties and responsibilities when renting a property, which must be respected and followed in accordance with the Tenancy Law.

On our blog , we have other complete texts about renting properties. From the more technical ones focused on the more bureaucratic parts of this process, to some with tips and experiences about shared housing, and much more.

Take a look and share this text on social media.

Back to blog

Leave a comment

Please note, comments need to be approved before they are published.