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Absurd repairs and improvements required at end of apartment rental

Eva Zilahi

I am returning the apartment as I'm moving away and the imobiliária is requesting a long list of items to be done to it.
The apartment was taken in poor condition and was considerably improved during the years. We are returning it in better state it was but they are trying to take advantage and get it completely renovated by us.
I have told them I contest the vistoria they sent, however I'd like to have some legal back up information regarding fair wear and tear of accommodation in Rio. What is the law around this?
Should they continue with their absurd
requests where can I get support against them please?

See also

Real estate listingsAccommodation in BrazilAccommodation in Rio de JaneiroAccommodation in BrasiliaAccommodation in São PauloReal estate agencies in BrazilReal estate brokers in Brazil
Texanbrazil

It is a law, but I can not quote the list. 'I am sure some will join in and explain better.

abthree

08/04/21

Hi, Eva,

That's a shame and, as Texanbrazil says, all too common here, unfortunately.

If you've been here for several years, you've probably met an attorney or two; if not, your Brazilian friends may be able to refer you to one who isn't in the pocket of the imobilárias.  It's time for a consultation with a local professional that you feel comfortable with. 

You're probably going to have to spend money to save money and resolve this.  You're probably not going to get out of having to paint the place if you've been there a while, but you may be able to avoid the repairs.

*ETA* Be sure to take pictures of any and areas or items that are in dispute; if you happen to have pictures of the same things at the time you moved in, so much the better.

Inubia

The next time that you rent an apartment or even rent a car, you will remember to obtain "before" photographs .... without documentary evidence, the leasee has you over a barrel .....within reason, it will be cheaper to comply with them than fight.

rraypo

I have been a landlord in Brazil for 12-years and a landlord in the USA for 32-years.  Yes, in Brazil, it is a law that the apartment be returned in ready-to-go, rentable condition, freshly painted etc., even all of the light bulbs need to be working. This is not a battle you would want to lose in a Brazilian court if you ever want to rent or buy anything again in the country.
Just as in the USA, every single tenant needs a clear contract including lots of high-quality photos prior to your moving in as a part of your contract, making certain your property manager agrees to the photos and move-in condition. Our Brazilian property manager, prior to renting to anyone, takes about 8-10 photos per room, one of each wall, each door inside and out, floors, ceilings, every light and plumbing fixture, inside and out of the stove, propane tank(s)... This is not only for our own protection but for every single renter's own protection.

dalezuk

I am a landlord in Brazil and the real estate agent we use highly recommends taking before pictures for every new tenant.  Without any pictures to support your claims, you will most likely need to comply to the demands of the property owner.  It sucks, but that is how it is in Brasil

rraypo

dalezuk wrote:

I am a landlord in Brazil and the real estate agent we use highly recommends taking before pictures for every new tenant.  Without any pictures to support your claims, you will most likely need to comply to the demands of the property owner.  It sucks, but that is how it is in Brasil


_____
It's so much better than in the USA where the landlord has no rights at all. I'm headed to Oregon now to rebuild two apartments destroyed by the tenants. I will never see any money for their damages..  To repair each one will be close to $10,000, so $20,000 in total just for parts and material, no labor. I will never financially recover on these two.