A tenant who stops paying is stressful anywhere. From another country, with a different time zone and no one at the door, it is easy to wait too long. Time is the main enemy in these cases: every month adds to the debt and to the condominium and tax bills that remain your responsibility.
First week: talk, in writing
Most delays start with a problem on the tenant’s side — job loss, illness, a change in the family. A direct, early conversation solves many cases. Use writing (e-mail or messages that can be saved), be polite and concrete: amount due, due date, what you propose.
If a manager handles the property, ask them to make this contact immediately and to report back.
Activate the guarantee
Check which guarantee the lease has:
- Rental guarantee insurance — inform the insurer within the deadline in the policy. Insurers often have their own collection and legal support.
- Guarantor — notify the guarantor in writing about the debt.
- Deposit — it covers part of the debt at the end of the lease, according to the contract.
Delaying the notice to the insurer or the guarantor can weaken your position.
A written agreement
If the tenant wants to stay and can pay, a short written agreement can work: amount, installments, dates, and what happens if one installment is missed. Keep it realistic. If the tenant prefers to leave, agree a date for returning the keys, the final inspection and how the debt will be settled.
Formal notice and court action
When conversation fails, eviction for non-payment (ação de despejo por falta de pagamento) is filed in court by a lawyer. Depending on the lease and the guarantee, the law allows faster procedures in some cases. The tenant may be given the chance to pay the debt to avoid eviction, within the limits of the law.
You do not need to travel: the lawyer acts through a power of attorney — see power of attorney from abroad.
What never to do
- change the locks, cut utilities or remove the tenant’s belongings;
- enter the property without authorization;
- threaten or expose the tenant publicly.
Besides being wrong, these actions can turn a creditor into a defendant.
Meanwhile, protect the property
While the case runs, keep IPTU and condominium fees under control — the tenant’s default does not remove your exposure to these debts. See property tax and condominium fees while you live abroad.
Prevent the next one
- careful tenant screening and a single, solid guarantee (insurance is practical for owners abroad);
- a detailed inspection report at the start;
- a manager with a clear routine of collection on the first day of delay.
More in renting out your property in Brazil while living abroad.
Next step
If your tenant is already late, the best moment to organize the response is now. Describe the situation in the consultation form — you will receive a reply by e-mail with the next steps and when a lawyer should come in.
ImportantGeneral information for orientation only — not legal, tax or financial advice. Daniel Ferreira is a real estate broker, appraiser and administrator, not a lawyer or accountant. Rules, rates and procedures change and depend on your case: confirm with a Brazilian lawyer, an accountant, your bank and the official bodies before deciding.