Late Rent Interest+Penalty Calculator

Late-rent interest and penalty — how it works

Brazil's Tenancy Law (Lei 8.245/1991) does not fix a percentage. That is left to the contract. What you see in practice is a 10% penalty on the overdue amount, plus 1%/month interest charged pro-rated by day, plus monetary correction by IGP-M or IPCA. Say the rent is R$ 2,000 and it comes in 15 days late: that's R$ 200 in penalty, roughly R$ 10 in interest (0.5% over half a month), so the total lands near R$ 2,210. Lei 14.401/2022 allowed pandemic-era contract renegotiation.

• Penalty — usually 10% of the overdue instalment. Some contracts copy the CDC and cap it at 2%, but residential leases answer to Law 8.245, not the CDC.
• Interest — 1%/month simple is what the market uses, with the cap following Decree 22.626/33 (Lei da Usura) for non-financial debts.
• Correction — IGP-M historically, IPCA more recently. The contract is free to pick the index.
• Collection — extrajudicial through a notarial protest, or judicial through an ação de despejo por falta de pagamento under Law 8.245's special rite.

Brazilian context

Real-estate agencies (imobiliárias) tend to apply this exact formula, then add a discount for paying early or on time, often the same 10%. Legally that discount is just the penalty turned inside out. Before an eviction suit gets filed, conciliation at a CEJUSC is encouraged, since paying the full overdue amount within 30 days of citation ("purga da mora") halts the eviction.

FAQ

Is 10% penalty always legal? For residential leases under Law 8.245, yes. The CDC's 2% cap does not apply to rent, and commercial leases follow the same rule.

Can the landlord refuse partial payment? Yes, under Civil Code art. 314. To "purgar a mora", the tenant has to tender the full overdue amount with penalty, interest and correction.

Does the guarantor (fiador) owe these charges too? Yes. The surety covers principal, interest, penalty and court costs, unless the guarantee contract says otherwise.