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A verbal agreement is in itself a contract and she can prove that with rent receipts, "comprovante de endereços" etc. It´s even a bigger problem in that it doesn´t have an expiration date and she is protected by lei nº. 8.245 - Lei de Inquilinato which you can only enforce the eviction after 5 years WITHOUT doing any paperwork (denuncia vazia). Ha ha! Scared already?

But it´s easy to go around that. Just execute a "denuncia cheia." It´s a letter to the locatario (tenant) that you are asking the property back for your own use/for your wife/for a relative. Another reason would be a breach of the verbal contract that she only uses the property to live on and not for business purposes. Maybe also a violation of condominium (if applicable) regulations. But you need witnesses to prove those.

Normally 30 days notice. If she refuses to leave then execute an "Ordem de Despejo,"
an eviction notice with fines. But it takes around 6- 12months.

Here are good articles about the matter:



And formats for the letter of "Denuncia Cheia" and "Ordem de Despejo."




robal

Ooops! Link under review. Here again is the link for the "Denuncia Cheia." The "Ordem de Despejo" or eviction is done through the court system and takes 6-12 months.



robal

Robal, thanks you so much its great advice you give (forearmed is forewarned) we feel that were going to ask gently/politely for her to leave (is 1 months notice enough), and if she does kick up a fuss well try to  execute a "denuncia cheia, do you think this is the best route.

Hi again Robal, is it an issue that my wife and I live in the UK and we rent out our property in Natal , basically does this have any impact on my asking the locatario to leave after 1 month verbal notice, also (She) the locatario has made comments to the Portao that she is no longer temporary and has been there for nearly six months ( does this even matter) we are now getting serious bad feelings about how this, and what rights does she have, again thank you so much Ben ( when im next in Brasil ill shout you some beers or if you ever come to Kent,UK)

Ben.thecabbie wrote:

Robal, thanks you so much its great advice you give (forearmed is forewarned) we feel that were going to ask gently/politely for her to leave (is 1 months notice enough), and if she does kick up a fuss well try to  execute a "denuncia cheia, do you think this is the best route.

Yes it is. Diplomacy is the best policy. Brazilians get stubborn if they sense an attack of their standings or personalities. Be patient. One month to vacate the property is the standard operating procedure. You could also give more time allowance if you so choose - if that would calm her down and deliver the property without grudges.

Ben.thecabbie wrote:

Hi again Robal, is it an issue that my wife and I live in the UK and we rent out our property in Natal , basically does this have any impact on my asking the locatario to leave after 1 month verbal notice, also (She) the locatario has made comments to the Portao that she is no longer temporary and has been there for nearly six months ( does this even matter) we are now getting serious bad feelings about how this, and what rights does she have, again thank you so much Ben ( when im next in Brasil ill shout you some beers or if you ever come to Kent,UK)

As I stated, her standing as a tenant was ALWAYS permanent due to the agreement (verbal contract)
that you 2 executed and concurred. Your location doesn´t matter. You´re still the locador (landlord).
I gave you the links that describe the rights of the tenant and landlord under the "Lei de Inquilinato."
Use "Google Tradutor" to translate the articles to English and if your wife is Brazilian you can ask her.

Just be careful that you´ll end up executing an eviction procedure through the courts that lasts 6-12 months. Thanks for the friendly beer offer! We might have a few beers, who knows. I wish you the best and I hope everything will go smoothly. My pleasure chatting with you and take care!

robal

Your a top man thanks again