Joint tenant: what it is, how it works, advantages and risks
Posted: Tue Jan 28, 2025 10:13 am
In rental relationships, the figure of the joint tenant represents a situation in which more than one person signs the property rental agreement.
In this way, several tenants jointly assume responsibility for fulfilling contractual obligations, especially with regard to the payment of rent and charges.
This means that the owner can demand full payment of the debts from anyone in the event of default, regardless of who actually failed to pay.
Furthermore, this type of shared responsibility also applies to any damage to the property or other commitments provided for in the lease agreement.
On the one hand, this contract structure guarantees greater security for the landlord, reducing the risk of losses in the event of default or other problems related to the lease. On the other hand, it allows tenants to share financial responsibilities.
How does this type of rental work?
Joint lease works through the joint signing of a lease lithuania whatsapp data agreement by more than one person, who jointly assumes financial and contractual responsibilities.
All tenants become jointly and severally liable for the payment of rent and charges, allowing the landlord to demand the full amount of the debt from any of them in the event of default.
Therefore, this type of lease offers security for the landlord and allows tenants to share costs, facilitating access to housing.
Is this modality allowed in Brazil?
Yes, joint tenancy is permitted in Brazil, according to the legislation established by the Tenant Law ( Law No. 8,245/1991 ). This modality is viable when more than one person signs the lease agreement and, thus, becomes jointly responsible for fulfilling the obligations.
Article 9 of the aforementioned law establishes that the tenant must be identified, but does not prevent there from being several tenants under the same contract, as long as they are all aware of and agree to the conditions.
Furthermore, art.23 of the Tenancy Law details the tenant's obligations, which include paying rent and maintaining the property.
The division of responsibilities between tenants provides the landlord with greater security regarding compliance with contractual obligations, allowing the collection of the total debt from any of the signatories in the event of default.
It is worth noting that this legal structure is widely used in the Brazilian real estate market, being recognized as a strategy for both parties, in order to make the rental of a property viable.
Joint tenant and guarantor: the same thing?
Joint and several tenant and guarantor are not the same thing, although both are involved in ensuring compliance with the obligations of a lease agreement.
As we saw previously, joint tenant occurs when one person, with others, signs the lease agreement and assumes responsibility for the full payment of the rent and charges.
The guarantor is not directly responsible for the lease, but acts as a rental guarantee for the property. The guarantor undertakes to cover the debts of the main tenant, should the latter fail to fulfill his obligations.
Thus, the guarantor serves as additional support to the landlord, without sharing ownership of the property or usage rights.
Therefore, while the joint tenant actively shares responsibilities, the guarantor is an accessory figure who only comes into action in the event of default.
Subletting vs. joint lease
These two concepts are distinct in lease agreements. In a sublease, the main tenant, who holds the right to use the property, transfers this right to a third party (subtenant).
For example, subletting a room or the entire property to a third party.
In this case, the main tenant remains liable to the landlord for the contractual obligations, but the subtenant also assumes responsibilities, mainly for the payment of rent and the maintenance of the property.
In joint tenancy, several individuals sign the contract directly with the landlord, sharing the obligations. This means that any of the tenants can be charged for the total debts if any of them fails to fulfill their responsibilities.
While subleasing involves a relationship between the main tenant and a third party, joint leasing creates a direct relationship between all tenants and the landlord, increasing payment guarantees for the owner.
The advantages of joint tenants
This contractual modality offers a series of advantages for both parties, ranging from greater financial security to greater convenience and ease in generating the contract.
Financial guarantee : the landlord can charge any tenant jointly;
Legal security : multiple debtors, lower risk of default;
Cost sharing : rent and expenses shared between tenants;
Facilitated contracts : may waive the need for a guarantor or deposit.
For the landlord, the main advantage is the increased financial security. Since all joint tenants sign the lease agreement, each of them is responsible for all contractual obligations, especially the payment of rent.
This means that, in the event of default by one of the tenants, the landlord can demand the full amount from any of the others, reducing the risk of financial loss. In addition, this modality offers greater legal certainty, since there are multiple joint debtors.
For tenants, the advantage lies in the division of responsibilities and costs. Rent, maintenance expenses and other charges can be divided among residents, making the rental more affordable.
This is especially attractive in large properties, where a single person would have difficulty covering all the expenses.
Another benefit is the possibility of signing a contract more quickly, since the presence of more than one joint tenant can eliminate the need for additional guarantees, such as a guarantor or deposit.
In this way, several tenants jointly assume responsibility for fulfilling contractual obligations, especially with regard to the payment of rent and charges.
This means that the owner can demand full payment of the debts from anyone in the event of default, regardless of who actually failed to pay.
Furthermore, this type of shared responsibility also applies to any damage to the property or other commitments provided for in the lease agreement.
On the one hand, this contract structure guarantees greater security for the landlord, reducing the risk of losses in the event of default or other problems related to the lease. On the other hand, it allows tenants to share financial responsibilities.
How does this type of rental work?
Joint lease works through the joint signing of a lease lithuania whatsapp data agreement by more than one person, who jointly assumes financial and contractual responsibilities.
All tenants become jointly and severally liable for the payment of rent and charges, allowing the landlord to demand the full amount of the debt from any of them in the event of default.
Therefore, this type of lease offers security for the landlord and allows tenants to share costs, facilitating access to housing.
Is this modality allowed in Brazil?
Yes, joint tenancy is permitted in Brazil, according to the legislation established by the Tenant Law ( Law No. 8,245/1991 ). This modality is viable when more than one person signs the lease agreement and, thus, becomes jointly responsible for fulfilling the obligations.
Article 9 of the aforementioned law establishes that the tenant must be identified, but does not prevent there from being several tenants under the same contract, as long as they are all aware of and agree to the conditions.
Furthermore, art.23 of the Tenancy Law details the tenant's obligations, which include paying rent and maintaining the property.
The division of responsibilities between tenants provides the landlord with greater security regarding compliance with contractual obligations, allowing the collection of the total debt from any of the signatories in the event of default.
It is worth noting that this legal structure is widely used in the Brazilian real estate market, being recognized as a strategy for both parties, in order to make the rental of a property viable.
Joint tenant and guarantor: the same thing?
Joint and several tenant and guarantor are not the same thing, although both are involved in ensuring compliance with the obligations of a lease agreement.
As we saw previously, joint tenant occurs when one person, with others, signs the lease agreement and assumes responsibility for the full payment of the rent and charges.
The guarantor is not directly responsible for the lease, but acts as a rental guarantee for the property. The guarantor undertakes to cover the debts of the main tenant, should the latter fail to fulfill his obligations.
Thus, the guarantor serves as additional support to the landlord, without sharing ownership of the property or usage rights.
Therefore, while the joint tenant actively shares responsibilities, the guarantor is an accessory figure who only comes into action in the event of default.
Subletting vs. joint lease
These two concepts are distinct in lease agreements. In a sublease, the main tenant, who holds the right to use the property, transfers this right to a third party (subtenant).
For example, subletting a room or the entire property to a third party.
In this case, the main tenant remains liable to the landlord for the contractual obligations, but the subtenant also assumes responsibilities, mainly for the payment of rent and the maintenance of the property.
In joint tenancy, several individuals sign the contract directly with the landlord, sharing the obligations. This means that any of the tenants can be charged for the total debts if any of them fails to fulfill their responsibilities.
While subleasing involves a relationship between the main tenant and a third party, joint leasing creates a direct relationship between all tenants and the landlord, increasing payment guarantees for the owner.
The advantages of joint tenants
This contractual modality offers a series of advantages for both parties, ranging from greater financial security to greater convenience and ease in generating the contract.
Financial guarantee : the landlord can charge any tenant jointly;
Legal security : multiple debtors, lower risk of default;
Cost sharing : rent and expenses shared between tenants;
Facilitated contracts : may waive the need for a guarantor or deposit.
For the landlord, the main advantage is the increased financial security. Since all joint tenants sign the lease agreement, each of them is responsible for all contractual obligations, especially the payment of rent.
This means that, in the event of default by one of the tenants, the landlord can demand the full amount from any of the others, reducing the risk of financial loss. In addition, this modality offers greater legal certainty, since there are multiple joint debtors.
For tenants, the advantage lies in the division of responsibilities and costs. Rent, maintenance expenses and other charges can be divided among residents, making the rental more affordable.
This is especially attractive in large properties, where a single person would have difficulty covering all the expenses.
Another benefit is the possibility of signing a contract more quickly, since the presence of more than one joint tenant can eliminate the need for additional guarantees, such as a guarantor or deposit.