returning a rental early in Brazil: how much do you pay
The fee is only part of what it costs to leave. The days of the last month, pro-rated IPTU and condo fees, unpaid months and, if the lease requires it, the notice also count. And there is the question that settles it: does paying the fee and leaving cost less than paying rent until the end of the term?
3 complete months and 15 days of a 30-day cycle. Fee by months: 6,000 x 9/12 = 4,500. Rent for the 15 days: 1,000. Charges for the 15 days: 0.5 x 400 = 200.
Staying: 6 x 2,300 = 13,800. Leaving and paying the fee costs R$ 10,800 less, not counting the new place's rent. With a new rent of R$ 1,800 a month, the two options tie.
An incomplete month counts as not served by default, so 1 month is left (6,000/12). By days, 1 day is left (6,000/365). Returning on 2026-03-09, the last day of the term, the fee is zero.
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.
No. The last day of the term is the day before the lease's final anniversary (a 12-month lease starting on 2025-03-10 ends on 2026-03-09). Returning that day means the lease was performed in full and there is no fee.
The 30-day notice of art. 6 is for indefinite-term leases. Within a fixed term, art. 4 applies, with the fee. If your lease has a notice clause for an early return, tick the option in the calculator and check with a lawyer whether it can be added to the fee.
Only with a disproportionate fee. The calculator warns when the fee exceeds the rents still to come or the total value of the lease. Art. 412 of the Civil Code says a penalty clause cannot exceed the value of the principal obligation, and art. 413 lets the judge reduce it.
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.
Rent adjustmentDate calculatorBusiness daysProcedural deadline