Renting property in Florianópolis follows the same law for Brazilians and foreigners, whether you are moving to the Island or renting out a property you own here: the Brazilian Tenancy Law (Law 8,245/1991). It protects both sides, but it has rules that often surprise people used to other countries’ systems.
Long-term residential leases
Most residential leases in Brazil are signed for 30 months. That length matters: a written lease of 30 months or more ends on its expiry date without any notice, and the landlord can recover the property without giving a reason (Law 8,245/1991, art. 46). If the tenant stays on for more than 30 days without objection, the lease continues for an indefinite term and the landlord may end it with 30 days’ notice. Shorter leases renew automatically, and the landlord can only recover the property in the cases listed in the law, such as for their own use or after five years (art. 47).
The landlord cannot take the property back before the end of the term. The tenant may leave early by paying the penalty set in the contract, reduced in proportion to the time already fulfilled (art. 4). The tenant owes no penalty if their employer transfers them to another city and they give the landlord at least 30 days’ written notice.
Rent must be in Brazilian reais
Brazilian law does not allow rent to be set in foreign currency or tied to the exchange rate (art. 17). Rent is agreed in reais and may be adjusted by an index chosen in the contract, such as the IPCA or the IGP-M, but never more than once a year (Law 10,192/2001, art. 2, §1). This is a common mistake in contracts drafted between foreigners.
Guarantees: one per contract
The landlord may require a guarantee, but only one type per contract; requiring more than one makes the clause void (art. 37). The options are:
- Security deposit (caução): in cash, up to three months’ rent, deposited in a savings account whose earnings go to the tenant (art. 38, §2)
- Personal guarantor (fiador): usually someone who owns property in the same city
- Rent guarantee insurance (seguro-fiança): contracted with an insurance company; the premium is paid by the tenant (art. 23, XI)
- Assignment of investment fund shares
Foreign tenants rarely have a local guarantor, so the security deposit and rent insurance are the most practical solutions.
Short-term and holiday rentals
Rentals of up to 90 days are “season rentals” (locação para temporada) and follow specific rules (arts. 48 to 50). The landlord may charge all the rent in advance and also require a guarantee. If the property is furnished, the contract must list the furniture and its condition. Watch the end date: if the tenant stays more than 30 days after it without objection, the lease becomes indefinite, advance payment can no longer be required, and the landlord can only end it after 30 months or in the cases of art. 47. This is the legal framework for summer rentals in the Island’s beach neighborhoods.
No Brazilian law prohibits renting out a property through platforms like Airbnb. In a condominium, however, check the bylaws (convenção) before listing. In May 2026, the Superior Court of Justice (STJ) held that in a condominium whose bylaws set a residential use, these stays need approval by at least two-thirds of the owners (REsp 2,121,055, based on Civil Code arts. 1,336, IV, and 1,351). The question is not yet settled: the STJ will decide it as a binding precedent (Theme 1,443), and similar lawsuits are suspended nationwide until then.
Avoid holiday rental scams
Every summer, fake listings for holiday rentals appear on the Island, often with prices below the market and a request for an advance payment by Pix, Brazil’s instant bank transfer. Before paying anything:
- Book through the platform’s own payment system whenever possible
- Confirm that the person renting is the owner or an authorized agent, for example by asking for the matrícula or the property management contract
- Never send an advance to a personal account in the name of someone other than the owner or the agency
- Get a written contract with the full address and the landlord’s name and CPF
- Keep every message and receipt, and if something goes wrong, contact your bank and the police right away
For tenants: protect yourself at move-in
- Read the contract in a language you understand. A bilingual contract, with a clause saying which version prevails, avoids misunderstandings. A document in a foreign language must have a sworn translation to be used in a Brazilian court.
- Insist on a detailed move-in inspection report (laudo de vistoria) with photos. If you ask, the landlord must provide a detailed description of the property’s condition (art. 22, V). At the end, you must return it in the same state, except for normal wear and tear (art. 23, III), so this record is the basis for getting your deposit back.
- Check who pays what. By law, the tenant pays utilities and ordinary condominium fees, while the landlord pays extraordinary condominium expenses and, unless the contract says otherwise, the property tax (IPTU) and fire insurance (arts. 22 and 23).
For landlords living abroad
- Taxes: rent paid to a non-resident is subject to a flat 15% income tax withheld at source, or 25% if the landlord lives in a low-tax jurisdiction (Income Tax Regulation, Decree 9,580/2018, art. 763, and Law 9,779/1999, art. 8). The tax is calculated after deducting documented property taxes, condominium fees and collection costs (Income Tax Regulation, art. 42). Residents in Brazil are taxed at progressive rates instead.
- Tax reform: Brazil’s new consumption taxes, IBS and CBS, are being phased in from 2026 to 2033 (Complementary Law 214/2025). An individual landlord only becomes subject to them if, in the previous year, rental income exceeded R$ 240,000 and involved more than three properties (art. 251). For those landlords, stays of up to 90 days are taxed under the rules for hotel services (art. 253), while other rentals get a 70% rate reduction (art. 261).
- Local representation: a power of attorney for someone in Brazil, or a professional property manager, makes it possible to sign contracts, receive payments and deal with problems while you are away.
- Clear contract terms: adjustments, guarantees, house rules and the procedure for early termination should be written down from the start.
Frequently asked questions
Can rent in Brazil be set in US dollars?
No. Brazilian law prohibits setting rent in foreign currency or tying it to the exchange rate (Law 8,245/1991, art. 17). Rent is agreed in reais and adjusted at most once a year.
How long is a typical residential lease in Brazil?
Most are signed for 30 months. At the end of a written lease of 30 months or more, the landlord can recover the property without giving a reason (art. 46).
Is Airbnb allowed in Florianópolis?
No Brazilian law prohibits it. In residential condominiums, however, the Superior Court of Justice held in 2026 that these stays need approval by two-thirds of the owners, and the issue will be settled as a binding precedent (Theme 1,443).
A good contract prevents most disputes
Most rental conflicts begin with a vague or poorly translated contract. Reviewing the contract with a lawyer before signing, whether you are the tenant or the landlord, helps prevent problems later.
This article is for general information only and does not replace individual legal advice.
Ana Paula Gasques, Lawyer, OAB/SC 77.722.
Real estate and legal assistance for foreigners in Florianópolis.