Brazil separates ordinary rent from the garantia locatícia (rental guarantee). The lease should identify which guarantee you use. That distinction matters because a cash caução has statutory limits, while a fiador is a person who can be chased for unpaid amounts.
What should the lease contain?
The contrato de locação should identify landlord, tenant, property, residential use, rent, payment method (often Pix), start date, term, renewal or notice rules, and the single guarantee modality. Check who pays condomínio, IPTU (property tax) shares if passed through, utilities, routine maintenance, and repairs. Record pets, home working, guests, and subletting rules.
Foreign tenants need CPF and immigration evidence on file: Get a CPF and How to rent a home. Keep Portuguese clarity; if needed, get a trusted bilingual review before you sign.
How do fiador, caução, and seguro fiança differ?
Article 37 of the Tenant Law lists allowed guarantees, including caução, fiança (the fiador route), seguro de fiança locatícia, and certain investment-fund pledge structures. The same article’s sole paragraph voids stacking more than one modality in a single lease.
Cash caução may not exceed three months’ rent and must be deposited in a savings account authorised under the law, with account benefits reverting to the tenant when the sum is released (Article 38). A fiador is typically a solvent person, often a property owner, who co-signs; foreigners without Brazilian networks find this hardest. Seguro fiança is insurance that replaces the guarantor for a premium. Platforms such as QuintoAndar frequently steer newcomers toward insurance-style or platform guarantees instead of hunting a fiador.
How should deposits return at exit?
Do a joint vistoria de saída (exit inspection) against the entry report and photos. Lawful deductions target unpaid rent, charges, or damage beyond fair wear. Ask for the savings-account proof if you paid cash caução. Pay rent by Pix with receipts: Open a bank account. Scam pressure to “top up” guarantees outside the contract is a red flag: Avoid rental scams.
City rent levels still decide how painful a three-month caução feels: São Paulo cost of living and Where to live in Brazil.
Common misconceptions
“Landlords can demand fiador plus three months caução plus insurance” fails the one-modality rule. Pick one lawful guarantee and write it clearly.
Assuming caução can sit in the landlord’s personal current account also conflicts with the savings-deposit rule for cash guarantees.
Summary
Sign a written lease with one Tenant Law guarantee only: fiador, capped savings caução, or seguro fiança as agreed.
Protect the exit with entry and exit vistorias, Pix receipts, and the savings-account trail if you paid cash caução.
Sources
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