🏠 Tenant & Housing RightsRent Increase Limits in Brazil — What Tenants Need to Know
Understand your rights on rent increases in Brazil. Learn the legal limits, how IGP-M and IPCA apply, and what to do if your landlord overcharges you.
Last verified: April 2026
In Brazil, rent increases are regulated by the Lei do Inquilinato (Law No. 8,245/1991), which sets clear rules on when and how a landlord can raise your rent. Understanding these limits is essential because unauthorized or excessive rent hikes are common and can put a serious strain on household budgets. Knowing your rights helps you negotiate confidently and challenge illegal increases.
⚖️ Your Key Rights
- ✓Your rent can only be formally adjusted once every 12 months, as guaranteed by the Lei do Inquilinato (Law No. 8,245/1991).
- ✓The rent increase index must be the one written into your rental contract — commonly the IGP-M (General Market Price Index) or the IPCA (Broad Consumer Price Index); your landlord cannot simply choose a higher index after signing.
- ✓If your contract does not specify an index, Brazilian law allows either party to request a judicial rent review (revisão do aluguel) after three years, but no arbitrary increase is permitted before that.
- ✓You have the right to refuse any rent increase that is applied more frequently than once every 12 months or that uses an index not agreed upon in the contract.
- ✓During the fixed term of your lease, your landlord generally cannot increase the rent at all unless the contract explicitly allows it.
- ✓You must receive written notice of any rent adjustment, and your landlord must show the calculation used, referencing the contractual index and the relevant period.
- ✓If you and your landlord cannot agree on a rent revision after three years, either party may seek a judicial rent review through the courts, which will set a fair market value.
📋 Common Situations Explained
Landlord wants to raise rent mid-contract without a clause allowing it
If your lease is within its fixed term and the contract does not include an adjustment clause, your landlord has no legal basis to increase the rent before renewal. You can politely refuse in writing, citing the Lei do Inquilinato. Keep a copy of your refusal for your records.
Rent adjustment using an index higher than what the contract states
Some landlords try to apply the IGP-M even when the contract specifies IPCA, or vice versa — especially when one index is higher. You are only obligated to pay the increase calculated using the index named in your contract. If your landlord insists, you can pay the correct amount and document the dispute in writing.
Very high IGP-M spike causing an unaffordable increase
In years when the IGP-M surges — as it did in 2020–2021, briefly exceeding 30% — many tenants faced enormous increases. Although the contract index is technically binding, many landlords and tenants negotiated lower adjustments voluntarily, and some courts accepted IPCA as a fairer substitute. If you face hardship, you can try to negotiate a different index with your landlord or seek a court review.
Landlord demands rent increase at lease renewal
When a fixed-term lease ends and converts to an indefinite term, your landlord may propose a new rent amount. You are not legally forced to accept whatever amount is proposed; you can counter-negotiate. If no agreement is reached, the landlord must go through the courts for a judicial rent revision rather than simply evicting you for refusing.
No written contract — verbal rental agreement
Even without a written contract, the Lei do Inquilinato still applies to your tenancy. In the absence of a written index clause, no contractual adjustment can be imposed; either party may only request a judicial rent review after three years. Document any verbal agreements via text message or email to protect yourself.
🚀 What To Do
- 1Read your rental contract carefully to find the adjustment clause — look for the index (IGP-M, IPCA, or other) and the anniversary date when adjustments are allowed.
- 2When you receive a notice of rent increase, verify the calculation yourself: find the official index value for the period at the IBGE website (for IPCA) or the FGV website (for IGP-M) and confirm the math matches what your landlord claims.
- 3If the increase is incorrect or unauthorized, send your landlord a written response (letter, email, or registered mail) explaining why you dispute the increase and citing the relevant contract clause or the Lei do Inquilinato.
- 4Continue paying the correct rent amount (the old rent or the correctly calculated adjustment) on time to avoid being considered in default — keep all payment receipts.
- 5If the dispute is not resolved, seek free legal advice from the Defensoria Pública (Public Defender's Office) in your state, PROCON (consumer protection body), or a local tenants' association.
- 6As a last resort, either party can file a rent revision lawsuit (ação revisional de aluguel) in the local civil court (Juizado Especial Cível for lower-value claims) — consider consulting a lawyer before taking this step.
👨⚖️ When to Get a Lawyer
You should consult a lawyer if your landlord threatens eviction after you disputed an illegal rent increase, or if you need to file or respond to a judicial rent revision lawsuit, as these proceedings involve formal legal arguments and deadlines that can significantly affect your housing situation.
🔗 Official Resources
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