how to calculate the pro-rated rent termination fee in Brazil
When a tenant returns a rental before the end of the term, the agreed fee is not charged in full: art. 4 of Law 8,245/1991 says it is proportional to the period the lease was performed. The calculator below does the math by months and by days, side by side, and adds up the real cost of leaving.
Total fee R$ 6,000. By months: 6,000 x 6/12. By days: 184 days served out of 365, 181 remain, 6,000 x 181/365.
4,500 x 20/30. The longer the lease, the more slowly the fee shrinks month by month.
5,000 x 26/36. A fixed-amount fee follows the same proportion as a fee in rents.
6,000 x 6/24: a quarter of the term was left, so a quarter of the fee.
Take the full agreed fee and multiply it by the fraction of the term that was still left. By months: fee times months remaining divided by the term. By days: fee times days remaining divided by the total days of the lease. With a R$ 6,000 fee on a 12-month lease and 6 months served, the fee is R$ 3,000 by months.
The law only requires proportion to the period performed and does not pick a unit. The months criterion is simpler to follow; days is finer. The gap is usually small but can be larger near the end of the term. Follow what your lease says.
It depends on the lease and on interpretation. The calculator treats an incomplete month as not served by default, which gives a slightly larger fee, and lets you mark it as served in the calculation options.
Art. 4 says that, absent an agreed fee, the one set by a court applies. The law has no automatic amount, so the calculator does not invent one: with no fee in the lease, the matter goes to negotiation or to a judge.
An estimate to guide the conversation, not legal advice. Your contract is what counts, and a judge can reduce the fee (art. 413 of the Civil Code). If in doubt or in dispute, talk to a lawyer. Nothing you type leaves your browser.
This day counts as occupied. Returning on the last day of the term triggers no fee.
Whole months still unpaid before the final month.
Enter the start date, term, rent and return date to see the pro-rated fee by months and by days, side by side, with the total exit cost.
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