The surety is a type of rental/location guarantee provided for in Article 38 of the Location Law (Law No. 8,245 / 91). In addition to this, there are three other possibilities: surety bonds (guarantor), rental guarantee insurance and, since 2005, the fiduciary assignment of investment fund shares.
When contracting a residential or commercial rental where the security is the chosen type of guarantee, the Lessee must deposit the combined amount (not to exceed the equivalent of three rent taxes) in an account held by the Lessor, or the managing real estate agent. At the end of the rent, when the property is returned, everything is in order, the money is returned, corrected by the savings index.
Law 8,245 / 91. Art. 38, § 2 The cash deposit, which may not exceed the equivalent of three months’ rent, will be deposited in a savings account, authorized by the Government and regulated by it, reverting to the lessee all the benefits resulting from it when collecting the respective sum.
And don’t forget: it is prohibited to require more than one type of guarantee in the same rent.
