finance

How to rent a house with a dirty name?

Do you have a dirty name, and think you can't rent a house? Calm! All is not lost, we will clear your doubts and show you the way forward!

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Rent house in 2021

Como alugar uma casa com o nome sujo? (Imagem: Pessato)
How to rent a house with a dirty name? (Image: Pessato)

The dirty name is a barrier in the lives of hundreds of Brazilians. This is because it brings several problems such as the difficulty in renting a house. So how to rent a house with a dirty name?

We already know that every day, several people have their accounts and credit cards denied by financial institutions because they do not have a positive name in the credit bureaus, but what implications could this have in practice?

Today, we are going to show you if you can rent a house with a dirty name, and other information to clear all your doubts.

Is it possible to rent a property with a dirty name?

Como alugar uma casa com o nome sujo? (Imagem: já fez as malas?)
How to rent a house with a dirty name? (Image: Already packed?)

At first, to answer this question, we need to understand that having a negative name does not mean that you will miss all opportunities.

That is, how to rent a car, house, apartment, go shopping, and even have a credit card.

That's because, the negative name means that a certain company, due to not receiving the amounts owed, transferred its name to the credit bureaus, SPC, SERASA and others.

The fact is, you can do negotiations with creditors, as well as demonstrating that that particular situation does not mean that you do not honor your commitments.

That said, it is possible to rent a house with a dirty name, even if it is a more complicated situation.

That's because, because it has a dirty name, the real estate agent will do a financial analysis, in order to analyze all possible setbacks in negotiating with that consumer.

That is, if during the analysis, the real estate agent realizes that, for example, there are a large number of creditors not paid by the consumer, it may refuse the lease, since the chances of default will be greater.

How to convince real estate to rent a house to someone with a dirty name?

Como alugar uma casa com o nome sujo? (Imagem: cipa)
How to rent a house with a dirty name? (Image: cipa)

This question is a bit complex, as there are real estate agents that are very resistant, and do not accept any negotiation.

However, there are also real estate agencies that work with a focus on negotiations, and negative people should focus on them.

At first, the negative consumer must act transparently and honestly with the real estate agent, demonstrating that he is a person who honors his financial commitments.

In this case, it is recommended that you have a sincere conversation, claiming that you are trying to reach agreements with other creditors.

Another way to convince the real estate agent is to rent properties that are within your monthly budget.

This is because, there may be refusal by the real estate agent if the chosen property compromises a large part of your monthly budget.

And, in addition, you can also propose forms of surety insurance or security deposit to the real estate agent, or another guarantee that brings security to the other party.

Remember that the real estate agent does not know you, and therefore, when analyzing only the name, and realizing that it is negative, a breach of trust is normal.

Therefore, by providing the necessary guarantees, and demonstrating transparency and security, trust can be built.

How does the tenancy law work?

Como alugar uma casa com o nome sujo? (Imagem: meuelevador)
How to rent a house with a dirty name? (Image: meuelevator)

Governed by Law 8245, the so-called tenant law, establishes all the necessary guidelines between the landlord and tenant relationship.

We must first establish what it governs.

This law is the property leasing law, that is, the contract by which one of the parties, through remuneration paid by the other, undertakes to provide, for a certain period, the use and enjoyment of a property.

This law is necessary for the protection of both parties, bringing security to the tenant to stay in the house, as well as the landlord, who will be remunerated.

According to the Tenant Law, we have some important points, see:

  1. In a lease contract, the term can be adjusted for as many days as you want, and may or may not be determined;
  2. If the term is indefinite and the tenant wants to return the property, he will need to notify the tenant 30 days in advance;
  3. In the lease agreement, it may be terminated by mutual agreement between the parties, due to fraud or non-payment, and urgent repairs;
  4. In the case of a contract with a guarantor, and the guarantor decides to withdraw, he must notify 30 days in advance, and he will be responsible for another 120 days;
  5. In a contract, there may be subletting provided there is prior written consent from the lessor;
  6. Regarding the payment of rent, the amounts can be readjusted, but only in national currency.

Therefore, all these characteristics must be in lease agreements.

What are the obligations of the lessor and lesseeO?

Como alugar uma casa com o nome sujo? (Imagem:  banco dos imóveis)
How to rent a house with a dirty name? (Image: real estate bank)

In a lease agreement relationship, lessor and lessee have obligations and rights, let's see what their obligations are.

With regard to the obligations of the lessor, we have:

  1. Deliver the rented property to the tenant in a condition to serve its intended purpose;
  2. Provide receipt of all payments made by the tenant;
  3. Pay taxes and fees, and fire insurance, unless otherwise specified;
  4. Pay extraordinary condominium expenses.

The tenant's obligations are:

  1. Punctually pay the rent, as well as the lease charges within the terms agreed with the lessor;
  2. Use the property for the presumed and previously stipulated use;
  3. When returning the property, deliver it in the same state in which you received it, except for deterioration from normal use;
  4. Do not modify the property without the consent of the landlord;
  5. Allow inspections of the property to be carried out when necessary, provided that they are notified in advance;
  6. Pay expenses such as electricity, water, sewage, and other similar expenses.

Therefore, these were the obligations of the tenant law, which everyone who wants to rent a house needs to know.

This is because, in any change during the lease of the property, the other must be notified in advance, so that there are no problems.

Options for renting a house with a dirty name

Como alugar uma casa com o nome sujo? (Imagem: bloganuar)
How to rent a house with a dirty name? (Image: bloganuar)

As we mentioned above, having a negative name does not mean that you will not be able to rent a house.

That's because, mainly in Brazil, there are hundreds of people with a dirty name, and they can't be homeless.

So, there are options to take as a guarantee when trying to rent a house with a dirty name, as we will see later:

Capitalization Title

Como alugar uma casa com o nome sujo? (Imagem: cadin imóveis)
How to rent a house with a dirty name? (Image: cadin real estate)

This is one of the first ways to give security to the landlord when trying to rent a house.

This is because, the capitalization title works as a kind of guarantee, and if the tenant does not fulfill its financial obligations, the landlord can withdraw the value of the title and use it to pay the unpaid amounts.

The fact is that, if there is no default by the tenant during the lease period, at the end of it, the entire value of the title returns to him, with the necessary corrections.

That is, it is a security for both parties, once again, one of the rights that we mentioned earlier.

Another advantage is that to obtain the capitalization title, the tenant only needs to provide proof of income, and the contract is released.

And, in addition, title values may vary according to rent values, as well as charges.

To redeem the title, it is sufficient to rescind the lease agreement with the release of the owner and the real estate agent, or even redeem to terminate the lease agreement or change the guarantees given.

To obtain the title, simply present personal documents, RG and CPF, proof of income, completed registration form and the title will be issued by an insurance company.

And, it is still necessary to prove that the monthly income is more than three times the value of the rent plus the charges, and the name must be free of restrictions.

That is, unfortunately this is not an option for people who are negative.

Guarantor

Como alugar uma casa com o nome sujo? (Imagem: bacellar)
How to rent a house with a dirty name? (Image: bacellar)

The deposit is a way to guarantee payments that are not made by the tenant in a contract.

That is, if the tenant does not comply with the obligations of the lease, two other people may be called upon to pay the payments.

It is important to mention that anyone can be a guarantor, both physical and legal, as long as they have a net income of more than 3 times the rent plus charges.

And, in addition, at least one of the guarantors must have a property paid off, and if the guarantor is a legal entity, the company's contract must allow for the guarantee to occur.

There are several advantages to having a guarantor, but the biggest one is that, if the guarantor demonstrates financial credibility, the landlord will allow the lease and will have more confidence in the contract.

To approve a guarantor, the documentation is greater than that of the capitalization title. So, for individual guarantors:

  • Completed and signed registration form;
  • RG and CPF;
  • Last income tax return;
  • Proof of income greater than 3 times rent and charges;
  • Copy of the updated registration of the property;
  • Proof of marital status: Birth/Marriage/Separation/Death certificate.

In the case of a legal entity, the documents are:

  • Completed and signed registration form;
  • CNPJ and State Registration;
  • Proof of residence;
  • Social Contract and last contractual amendment;
  • RG, CPF and proof of address of the partners;
  • Last balance sheet and 2 last balance sheets;
  • Last income tax return.

Therefore, there are several documents requested, and the real estate agent can ask for others, if necessary.

surety insurance

Como alugar uma casa com o nome sujo? (Imagem: financeone)
How to rent a house with a dirty name? (Image: financeone)

Another guarantee option is the so-called bail insurance, which also has the function of providing more security, transparency and credibility to the landlord.

In other words, it is another guarantee model that the tenant is responsible for making the request.

In the case of bail insurance, the tenant will pay a certain amount to an insurer every month, and in cases of not meeting the tenant's obligations, the landlord may have access to the amounts.

A great advantage of this guarantee is that the process becomes faster, as the owner's confidence also increases, knowing that he will have where to look for it, in case the amounts are not paid.

Thus, surety insurance values will vary according to various criteria established by each insurer.

Regarding how to take out the insurance, as a rule, the tenant should receive 3 times more than the rental amount, plus charges.

However, this value may be up to three people from the same family, within a property, that is, the chances are greater.

Therefore, it is one of the recommended options for people negative when it comes to renting a house with a dirty name.

airbnb

Como alugar uma casa com o nome sujo? (Imagem: melhores destinos)
How to rent a house with a dirty name? (Image: best destinations)

Airbnb is an online community service model for people who want to advertise or book accommodation or accommodation.

This form of accommodation allows people to rent a whole house or just part of it as an extra form of accommodation.

In this case, the website contains a platform that relies on communication between the person providing the accommodation and the renter.

And what's more, Airbnb allows renters to stay as long as they want, as long as the amounts are paid before renting.

However, there is also the possibility of paying per month, however, if there is no longer availability to continue in the accommodation, you will have to withdraw.

Therefore, this is one more way to rent a house even with a dirty name, however, it does not bring the security and stability of conventional leases. 

Do you want to remove your CPF restrictions once and for all? So, meet the Serasa Clean Name.

About the author  /  Joyce Viana

Graduated in Law from PUC Minas. Post Graduated in Criminal Law and Criminal Procedure by Faculdade Legale. She produces content for different niches, from recipes and finance to beauty and health. Since he was a child, he made writing his best friend, and he never stopped!

Reviewed by  /  Junior Aguiar

Senior Editor

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