Pratice Areas Wealth Law
Lease Agreements
We provide legal support in urban and commercial leasing, from the negotiation and drafting of the lease agreement to dispute resolution and eviction, assisting landlords and tenants throughout all stages of the relationship.
Lease agreements, whether residential or commercial, have a direct impact on property profitability, the legal certainty of investors, and the stability of those occupying the space. The way a lease agreement defines duration, renewal, rent adjustments, works, guarantees, or termination conditions shapes the prevention of disputes and the capacity to react to defaults.
The succession of amendments to lease law and the existence of transitional regimes increase complexity: rigid deadlines, specific formalities, and dedicated eviction procedures require an updated reading and coordinated decisions in the structuring and management of each lease agreement.
Our work focuses on transforming this complexity into clear and executable solutions, aligned with the property's lifecycle and the objectives of landlords and tenants. We assist clients in the prior analysis of transactions, the renegotiation of ongoing lease agreements, the management of default situations, and the handling of eviction or eviction defense processes, always weighing the balance between time, cost, reputational risk, and the preservation of relevant business relationships.
Services
We draft, review, and renegotiate residential, urban, and commercial lease agreements, ensuring that clauses accurately reflect the property's reality and the parties' expectations. We advise on duration, renewals, rent adjustments, works, guarantees, transfers, and lease agreement termination, identifying risk points and proposing balanced solutions.
We monitor the application of lease law and applicable special regimes, updating lease agreements and templates whenever relevant changes occur. We help landlords and tenants clearly define the purpose of the lease agreement, whether it is for housing, commerce, industry, or services, preventing disputes over space use and facilitating interaction with funders and other contractual partners.
When the relationship deteriorates and it is necessary to recover the property or react to an eviction related to a lease agreement, we evaluate the available alternatives—whether negotiation, written agreements, special eviction procedures, or lawsuits—and define the strategy best suited to the case.
For landlords, we prepare and review formal notices associated with the lease agreement, gather relevant documentation, and follow eviction procedures until the effective delivery of the property. For tenants, we analyze the legality of notices received, evaluate the existence of grounds for eviction, and, when justified, contest the procedure or seek negotiated solutions.
In the leasing of commercial or industrial establishments, we assist entrepreneurs and investors in structuring commercial lease agreements that account for deadlines, renewals, subleasing, adaptation works, and compatibility with regulated activities. We analyze the coordination of the lease agreement with other relevant instruments, such as transfers of undertakings (transmissão de estabelecimento), franchise agreements, operating agreements, or shopping center contracts, ensuring legal coherence and predictability regarding the use of the space.
In urban leasing for housing, we support landlords and tenants in defining terms, automatic renewals, rent adjustments, and the regime for works, clarifying rights and duties throughout the term of the contract. We advise on the regularization of old leases, transition between regimes, and adaptation to new legal requirements, helping structure solutions that reconcile housing stability with the economic viability of the investment. We also assist with notices of termination or opposition to renewal, ensuring compliance with the required formalities and assessing litigation risks.
We monitor legislative changes and jurisprudential guidelines with an impact on urban leasing, commercial leasing, and eviction, proposing contractual and procedural adjustments whenever necessary. We provide ongoing advice to landlords, wealth managers, condominiums, and tenants on the day-to-day management of contracts, such as addenda, changes of use, cost-sharing, additional guarantees, or rent renegotiations in contexts of significant changes in circumstances. The goal is for the lease to be a predictable instrument for the use and valuation of the property, rather than a permanent source of uncertainty or conflict.
Our approach
Preventive action
We draft robust lease agreements, reducing the risk of future conflicts.
Dispute management
In phases of default or breach of the lease agreement, we define the most appropriate strategy, including eviction, renegotiation, lawsuits, or arbitration.
Constant support
We maintain our presence throughout the term of the lease agreement, adjusting clauses to the evolution of the legal and economic reality of the parties.
FAQs
We assist landlords and tenants in urban leasing and commercial leasing, from contract negotiation to termination or eviction, prioritizing solutions that balance property profitability, legal certainty, and business or housing continuity.
A solid lease agreement clearly defines duration, renewals, rent adjustments, works, guarantees, transfers, and grounds for termination. We review or draft the contract to reflect the reality of the property and the parties, reducing gray areas that typically spark disputes.
Lease law undergoes frequent changes, with transitional regimes and specific deadlines. We help understand which rules apply to each contract, adapt clauses to new legal requirements, and avoid nullities or formalisms that could stall an eviction or a renewal.
We analyze whether the legal prerequisites for eviction are met, choose between negotiation, written agreements, special eviction procedures, or lawsuits, and prepare all formal notices. The goal is to recover the property with the lowest possible risk of incidents or delays.
We verify if the notice complies with the law, if real grounds for eviction exist, and what negotiation margins are available. When justified, we contest the procedure or seek solutions that mitigate the economic and operational impact of leaving the property.
In commercial leasing, we align the contract with the business reality: terms, subleasing, adaptation works, compatibility with regulated activities, transfers of undertakings, franchise agreements, or shopping center contracts. In the event of a dispute, we work alongside corporate, tax, and litigation teams to protect business continuity.
We help define terms and automatic renewals, rent adjustments, the regime for works, and responsibilities over time. We also provide support in regularizing old contracts and transitioning between regimes, reconciling housing stability with the economic viability of the investment.
Yes. We provide continuous support for addenda, changes of use, cost-sharing, reinforcement of guarantees, or rent renegotiations in view of significant changes in circumstances and the legislative framework in force. The idea is to treat the lease as a wealth management tool, not just as a contract forgotten in a drawer.
Ideally before signing the contract or as soon as signs of default or conflict appear. In this phase, it is still possible to reshape the contract, choose the right strategy, and often avoid an eviction or a longer and more expensive dispute.