What a fiador takes on when signing a Brazilian lease

What exactly does the fiador guarantee?

A fiança must be in writing and can't be interpreted expansively.¹ In practice, the signed text matters a great deal.

When a fiança has no limit, it reaches all the ancillary amounts of the main debt, including court costs.² The parties can limit it to an amount, so it's worth checking whether the contract sets a ceiling.³

Does the fiador only pay after the tenant?

It depends on the contract. The Civil Code gives the fiador the benefit of order: the right to require that the debtor's assets be pursued first. That right no longer applies when the fiador waives it.⁴ So look for the word "renúncia" (waiver) in the fiança clauses.

Can the fiador's home be seized?

Yes, even if it's the family's only home.

Lei 8.009/90 protects the family home from seizure, but makes an exception for an "obligation arising from a fiança given in a lease".⁵ In March 2022, Brazil's Supreme Court (STF) upheld the rule, by 7 votes to 4: "The seizure of a family home belonging to the fiador of a lease is constitutional, whether residential or commercial".⁶ The Superior Court of Justice (STJ) holds the same view.⁷

How long does the liability last?

Unless the contract says otherwise, the guarantee extends until the property is actually returned, even if the lease is extended for an indefinite period.⁸ So the end of the term written in the contract doesn't automatically end the fiança.

How does a fiador leave the contract?

If the lease has already been extended for an indefinite period, the fiador can notify the landlord of the wish to be released. The fiador remains bound by all the effects of the fiança for 120 days after the notice.⁹

The landlord can then notify the tenant to provide a new guarantee within 30 days, or the lease can be terminated.¹⁰

Is the fiador liable for changes made without their agreement?

Not for obligations arising from an amendment they didn't agree to.¹¹ If the rent or another term changes by amendment, the fiador has to agree in order to be bound by that change.

Is the fiador liable for an eviction action they weren't party to?

A fiador who wasn't part of the proceedings in the eviction action isn't liable for enforcement of the judgment.¹² The fiador can also avoid termination by paying the updated debt within 15 days of being served.¹³

What to check before agreeing to be a fiador

• Does the contract set a limit on the fiança?
• Is there a waiver of the benefit of order?
• What happens when the contract term ends?
• Can the tenant pay if something unexpected happens, without you having to cover it?
• Could you pay the debt without losing your home?

This text is for information only. To decide on a specific contract, consult a lawyer.

Sources

• Lei nº 8.245/91 (in Portuguese), Planalto, accessed 6 Nov 2026.
• Lei nº 8.009/90 (in Portuguese), Planalto, accessed 6 Nov 2026.
• Brazilian Civil Code (in Portuguese), Planalto, accessed 6 Nov 2026.
• STF: constitutionality of seizing a fiador's family home (in Portuguese), news item of 9 Mar 2022.
• Súmulas 214, 268 and 549 of the STJ, the court's official list.