Eviction of a tenant can only happen at the end of the contract, judge decides

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The automatic eviction of a tenant can only happen if the signed contract has already expired. This is what judge Helmer Augusto Toqueton Amaral, of the 8th Civil Court of São Paulo, understood when analyzing the eviction request.


According to the judge, the B2B Lead application of article 74 of the Tenancy Law (8245/91), which provides for the eviction of the tenant in renewal action, is only valid when the term of the lease contract has ended.

The judge pointed out that, even in the event of default, the landlord needs to file an independent eviction action. In the ruling, he dismissed the action proposed by the tenant as unfounded, understanding that, although he had met the legal requirements, subsequent non-compliance invalidated the request. “There is neither the February payment to date nor the March payment, which is also indicated as outstanding”, he considered.



According to the lawyer who worked on the case, Priscilla Szekely Mendes , the Court “recognized that the regularity and fulfillment of the requirements for a renewal action must be observed throughout the entire period of validity of the contract and not just at the time of filing the action”.

The lawyer from the Viseu Advogados firm also pointed out that the understanding “is controversial and there is still no agreement on the application of this provision.