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Lease early termination penalty calculator

Proportional penalty when the tenant returns the property before the end of the contract.

Rent amount
Penalty set in the contract (in months of rent) Contracts commonly provide for 3 months' rent.
Contract term (months)
Months already served

Proportional penalty

R$ 4.500,00

Full penalty
R$ 7.500,00
Remaining months
18

Full penalty × remaining months ÷ total contract term (Lei 8.245/91, art. 4).

How the calculation works

Art. 4 of Lei 8.245/91 requires the agreed penalty to be reduced in proportion to the contract time already served. The formula is: full penalty × remaining months ÷ total term.

Example: rent of R$ 2.000,00, penalty of 3 months' rent (R$ 6.000,00), 30-month contract and move-out in month 18. 12 months remain: R$ 6.000,00 × 12 ÷ 30 = R$ 2.400,00.

Frequently asked questions

Can the landlord reclaim the property before the term ends?

During the contract term, the landlord cannot reclaim the property, except in the cases provided by law (art. 4 of Lei 8.245/91).

Are there cases where the tenant does not pay the penalty?

Yes. When the return results from a transfer ordered by the employer to another location, with written notice of at least 30 days (art. 4, sole paragraph).

What is the standard penalty?

The law does not set a number. Contracts commonly provide for three months' rent, always reduced proportionally.

Informational calculation. Check the clauses of your contract and, if in doubt, consult a lawyer or accountant.