I need a lawyer to represent me and my wife in Brazilian court for a rental property dispute
ใน Brazil
อัปเดตล่าสุด:
Dec 11, 2025
The request describes a residential lease dispute in Curitiba between the tenants, including a UK citizen/Brazil resident and her spouse, and the landlord represented by [company removed]. They report chronic leaks, damp, mould, and electrical issues that made the home uninhabitable, despite notifying the agency and sending formal notices. After vacating the property around month 7 of a 30-month lease, they received move-out reports blaming them for damage and demanding repairs, repainting, and an early termination penalty, while also facing pressure to perform repairs themselves or allow the agency to open an insurance claim that could result in a debt on their record. The tenants seek a proactive lawyer to assess habitability claims, challenge the landlord’s breach and damages liability clauses, advise on the insurance dispute, and negotiate or litigate to avoid penalties, charges, or harmful credit consequences. They can supply the lease, inspection reports, communications, legal notices, photos, and medical context explaining the health impact. The legal issues pertain to landlord responsibilities, potential rescission without penalty, abusive clauses, and strategy for counterclaims or damages.
คำตอบจากทนายความ
Borges & Munhoz Advogados
Dec 11, 2025
Dec 11, 2025
Dear all,
Thank you for reaching out and for the detailed description of the complex residential lease situation in Curitiba, involving issues of habitability, early termination, damage claims, and contractual penalties.
We understand the urgency and the need for a strategic legal action to protect the tenants interests, especially given the allegations of unhealthinessinsalubrity and the pressure to assume costs and potential credit impacts.
To move foward with the case analysis and define the best strategy, we require some information?
Could you please inform us wheter the landlord or the real estate agency (representative) has diled any legal action against you (the tenants)? Have you received any formal notification, summons, subpoena, or more recent estrajudical collection letter (by notary public, mail oou email), informing you about a lawsuit filing or a final deadline for payment or repairs?
We are available to represent you in this case as attorneys here in Brazii.
Based on the documentation you mentioned (lease agreement, inspection repports, communications, notifications, photos, and medical context), we will?
- Evaluate the claim of contract breach by the landlord due to habitability issues (leaks, mold, electricity)
- Challenge the abusive clauses and the requirement for an early termination penalty, seeking contract recission without cost to tou
- Analyze liability for the damages pointed out in the move-out inspection report and the risk associated with the surety bondinsurance claim.
- In addition to negotiating out of court or filing the appropriate legal measure (such as a Declaratory Action for Contract Rescission combined with Compensation for Moral and Material Damages) to avoid penalties and guarantee you rights.
Please provide the requested information so that we can advise on the immediate next steps.
Would you like to schedule a detailed consultation where we can review the documentation and discuss our scope of work
I am at you disposal,
FERNANDO BORGES MUNHOZ
OAB/SP 270.935
Thank you for reaching out and for the detailed description of the complex residential lease situation in Curitiba, involving issues of habitability, early termination, damage claims, and contractual penalties.
We understand the urgency and the need for a strategic legal action to protect the tenants interests, especially given the allegations of unhealthinessinsalubrity and the pressure to assume costs and potential credit impacts.
To move foward with the case analysis and define the best strategy, we require some information?
Could you please inform us wheter the landlord or the real estate agency (representative) has diled any legal action against you (the tenants)? Have you received any formal notification, summons, subpoena, or more recent estrajudical collection letter (by notary public, mail oou email), informing you about a lawsuit filing or a final deadline for payment or repairs?
We are available to represent you in this case as attorneys here in Brazii.
Based on the documentation you mentioned (lease agreement, inspection repports, communications, notifications, photos, and medical context), we will?
- Evaluate the claim of contract breach by the landlord due to habitability issues (leaks, mold, electricity)
- Challenge the abusive clauses and the requirement for an early termination penalty, seeking contract recission without cost to tou
- Analyze liability for the damages pointed out in the move-out inspection report and the risk associated with the surety bondinsurance claim.
- In addition to negotiating out of court or filing the appropriate legal measure (such as a Declaratory Action for Contract Rescission combined with Compensation for Moral and Material Damages) to avoid penalties and guarantee you rights.
Please provide the requested information so that we can advise on the immediate next steps.
Would you like to schedule a detailed consultation where we can review the documentation and discuss our scope of work
I am at you disposal,
FERNANDO BORGES MUNHOZ
OAB/SP 270.935
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