Lease renewal action deadline: when to file, how much it costs and how not to miss the legal window?

There is one detail of the Brazilian Tenancy Law (Law 8,245/91) that has closed more profitable businesses than many a crisis: a six-month window that, once missed, never comes back. A business owner renews “on a handshake” with the landlord for years and trusts it will always be that way — then, when the owner receives a better offer, discovers that the right to renew in court lapsed months ago. The premises, the clientele and the money invested in renovations are left hanging on someone else's goodwill.

A lease renewal action (ação renovatória) is the tool in Law 8,245/1991 that allows a commercial tenant to renew the lease even against the landlord's will, preserving the business premises. This article focuses on what defeats renewal actions most often in practice: the deadline. We will show how to count the legal window, what needs to be ready before it opens, how much the action costs and the strategies for arriving at the renewal in a position of strength.

When exactly should I file the lease renewal action?

The action must be filed in the second-to-last semester of the lease in force: between 1 year and 6 months before it ends (art. 51, § 5, of Law 8,245/1991). Two crucial points:

• The deadline is a strict statutory cutoff: it is not suspended, not interrupted and accepts no excuses. Filing the day after the window closes = right extinguished.
• The count looks at the end date of the written lease in force (or of its formalized extension). Leases extended by successive amendments call for extra attention to the base date.

Translation for the client: mark the date “lease end minus 12 months” on the calendar. That is when the window opens — and it closes six months later.

What requirements do I need to have ready before the window?

Art. 51 of Law 8,245/1991 requires, cumulatively: a) a written lease with a fixed term; b) at least 5 years of leasing relationship (successive leases can be added together — the accessio temporis (adding together the terms of successive leases)); c) operation in the same line of business for at least 3 uninterrupted years. In addition, the complaint must prove that the lease obligations were met (rent and charges up to date), state the proposed new rent and the guarantee offered (art. 71). Those who start putting this file together inside the window usually do not finish in time.

How much does a lease renewal action cost?

The typical components at the TJSP (São Paulo state court): initial court fees calculated on the value of the claim (as a rule, 12 months of the proposed rent), the attorney's fees agreed with counsel, and expert fees — since the central dispute is usually the amount of the new rent, set through a market appraisal. There is also a risk regulated by law: if the renewal action is dismissed, the judge sets a deadline of up to 6 months to vacate (art. 74 of Law 8,245/1991). The counterpoint: the total cost of the action is almost always a fraction of the cost of losing an established location — moving, renovating the new property, falling revenue and lost clientele.

Which strategies increase the chance of success?

1. Audit the lease 18 months before it ends — confirm the dates, the combined 5-year term and the line of business;
2. Clear up outstanding issues — rent, charges and ancillary obligations demonstrably up to date;
3. Get a market appraisal in advance — arriving with a realistic rent proposal strengthens your position and may even make a settlement possible without a judgment;
4. Negotiate in parallel — a filed renewal action does not prevent a deal; on the contrary, it balances the table, because it takes the “take it or leave it” weapon away from the landlord.

Also pay attention to the landlord's possible defenses (arts. 52 and 72): a better offer from a third party, the landlord's own use, substantial renovation. In certain repossession cases, the tenant is entitled to compensation for the loss of the business premises (art. 52, § 3) — one more calculation that should be done before, not after.

A concrete example: Mr. Akira’s pharmacy

Mr. Akira’s pharmacy has occupied the same corner in Pinheiros for 9 years; the current 5-year lease ends in June 2027. Renewal window: June to December 2026. In January 2026, the audit found a problem: two installments of the property tax (IPTU) passed through to the tenant had been paid late, with no organized proof of payment. There was time to fix the issue, gather evidence and file the renewal action in August, with a proposal backed by an appraisal. The result: a settlement approved by the court before the expert appraisal — renewal for another 5 years with an increase 12% below the landlord’s initial demand. Without the calendar, the conversation would have started after the window — no action, no leverage, no guaranteed premises.

The most common (and costly) mistakes

1. Relying on a “handshake” renewal. Risk: the right silently lapses while the relationship seems fine.
2. Counting the deadline from the wrong contract. Amendments and extensions change the base date. Risk: filing outside the window while believing you were inside it.
3. Filing the action with payments outstanding. Compliance with the lease obligations is a requirement. Risk: dismissal and a deadline to vacate.
4. Proposing an unrealistic rent to “buy time”. Risk: losing credibility in the expert appraisal and making the settlement more expensive.

Frequently asked questions

What is the deadline to file a lease renewal action?

Between 1 year and 6 months before the end of the commercial lease in force (art. 51, § 5, of Law 8,245/1991). The deadline is a strict statutory cutoff: once the window closes, the right to compulsory renewal is extinguished, leaving only voluntary negotiation with the landlord.

What are the requirements for a lease renewal action?

A lease that is written and for a fixed term; at least 5 years of leasing relationship (successive leases can be added together); and operation in the same line of business for at least 3 uninterrupted years (art. 51 of Law 8,245/1991). The complaint must also prove the lease was complied with and state a proposed new rent and a guarantee (art. 71).

How much does a lease renewal action cost in São Paulo?

The main items: TJSP court fees on the value of the claim (as a rule, 12 times the proposed rent), attorney's fees and the appraisal expert's fees, since the new rent is usually set through an expert valuation. The total varies case by case, but it tends to be far lower than the cost of losing your business premises: moving, renovating and losing clientele.

What happens if I miss the renewal action deadline?

The right to court-ordered renewal lapses and cannot be restored. The lease becomes open-ended once the term expires, and the landlord can terminate it, demanding the property back on 30 days' notice — or condition your staying on a rent you will not be able to challenge in court. All that remains is negotiation and, in specific situations, compensation.

When should I see a lawyer to renew a commercial lease?

Ideally 18 months before the lease ends — before the legal window opens. That is the time needed to audit dates and requirements, clear up outstanding issues, assess the market rent and decide between negotiating and filing. Going to a lawyer within the last 6 months of the lease is, in most cases, going too late.

The renewal action is won on the calendar, not in the courtroom

The right to keep your business premises exists, it is strong and it has a name in the statute — but it lives inside a six-month window that does not negotiate with forgetfulness. A business owner who depends on location needs to treat the date “lease end minus 12 months” as a management commitment that cannot be postponed.

At Falchet e Marques Sociedade de Advogados, a law firm in São Paulo (Av. Paulista), we audit commercial leases, assemble the renewal file and handle the action or the negotiation before the TJSP — so that the location that sustains your business remains yours.

Talk to our team on WhatsApp: +55 11 95901-1854 — send us the end date of your lease and find out exactly when your renewal window opens and closes.