The debate over short-term rentals in residential condominiums has gained a new chapter in Brazil. Recently, decisions by the Superior Court of Justice (STJ) reinforced the understanding that condominiums can restrict or even prohibit short-term leases carried out through platforms like Airbnb, Booking, and similar services, provided this aligns with the condominium convention and the residents’ will.

The decision reignites an important discussion regarding property rights, condominium security, and the residential use of properties. In tourist cities like Rio de Janeiro, where short-term rentals significantly drive the real estate market, the topic has generated relevant impacts for both investors and permanent residents.

What did the STJ decide about Airbnb in condominiums?

The consolidated understanding by the STJ is that condominiums with strictly residential purposes can limit the use of units for short-term hosting when this practice alters the residential character of the property.

In practice, this means that an owner does not have absolute freedom to use their apartment as temporary lodging via digital platforms, especially when there is high guest turnover, characteristics similar to hotel services, or risks to the security and coexistence of residents.

The court also reinforced that the mere existence of apps like Airbnb does not automatically make short-term rentals illegal. Each situation must be analyzed according to:

• The condominium convention;

• The internal regulations;

• Decisions approved in the general assembly;

• The impact of the activity on the building’s daily routine.

The condominium convention becomes decisive

One of the most important points highlighted by the STJ is that the condominium convention plays a central role in this discussion. When the condominium has a clause for exclusively residential use, courts tend to understand that very short-term leases can constitute a lodging activity, rather than traditional residential leasing.

Furthermore, changes to condominium rules normally require approval in an assembly with a qualified quorum of two-thirds of the ownership fractions, according to the understanding already consolidated by jurisprudence.

This elevates the importance of condominium governance and makes it essential for real estate investors to evaluate the internal rules beforehand when acquiring properties focused on short-term rentals.

Impacts for owners and investors

The decision can directly affect investors who use properties as a source of income through digital platforms. In highly touristy regions, such as Copacabana, Ipanema, and Barra da Tijuca, many owners structured their investments considering the profitability of short-term rentals.

With the strengthening of this legal understanding, there is a growing need for real estate due diligence before purchasing properties intended for this business model.

Among the main impacts are:

• Higher legal risk for app-based rentals;

• The need to verify condominium conventions prior to investment;

• The possibility of fines and lawsuits;

• Reduced operational flexibility for owners;

• Potential impacts on the property appreciation of units geared toward short stays.

At the same time, permanent residents and condominium managers (síndicos) argue that high guest turnover can compromise security, increase the flow of unknown people, and alter the residential purpose of the buildings.

The Rio de Janeiro real estate market is expected to feel the effects

Rio de Janeiro is one of the Brazilian cities most impacted by Airbnb’s expansion. In recent years, experts have pointed out that the growth of short-term rentals has contributed to a reduction in the supply of traditional leases in some regions of the city, putting pressure on property prices and residential rents.

With the new interpretation consolidated by the STJ, the market may undergo a gradual reorganization. Stricter condominiums tend to restrict short-stay operations, while developments already structured for flexible rentals may gain even more competitive value.

This scenario may also encourage developers to create hybrid projects, with specific regulations for temporary lodging and greater adaptation to the new legal requirements.

Property rights vs. collective interest

The main point debated by the courts is the balance between the individual right of the owner and the collective interest of the residents.

Although the owner has the right to the economic use of the property, the STJ understands that this right is not absolute and must respect the social function of the property and the collective rules of the condominium.

Therefore, judicial decisions have reinforced that condominium coexistence, security, and the residential destination of the building can prevail over individual interests when there is evidence of relevant impacts.

What to expect moving forward?

The topic will continue to generate legal discussions, especially because different cases present specific characteristics. However, the recent positioning of the STJ indicates a trend toward strengthening the autonomy of condominiums to regulate short-term rentals.

For owners, investors, and real estate management companies, the current moment requires extra attention to condominium conventions, assemblies, and the legal structure of developments.

For condominiums, the importance of reviewing internal regulations and ensuring that any restrictions are formally approved and legally supported continues to grow.

In a real estate market increasingly connected to the digital economy, the discussion about Airbnb in condominiums is expected to remain at the center of debates regarding property, housing, and urban coexistence in Brazil.