Brazil’s Superior Court of Justice (STJ) rules that offering properties on Airbnb requires approval from two-thirds of condominium owners.
The panel understood that short-term rentals alter the residential purpose of the property.
Airbnb claims the restriction violates property rights; the platform states it moved R$ 100 billion in 2024.
Márcia Magalhães
São Paulo – The Second Section of the STJ (Superior Court of Justice) decided this Thursday (7) that property owners in residential condominiums can only offer short-term rentals through platforms like Airbnb if there is express authorization in a condominium assembly. By a narrow majority of five votes to four, the panel understood that this type of economic exploitation alters the residential purpose of the property.
According to the court’s understanding, permission for this type of use depends on the approval of at least two-thirds of the condominium owners, as provided for in the Civil Code for changes in the purpose of real estate units.
According to the Superior Court of Justice (STJ), the decision consolidates the court’s understanding on the subject and should guide lower courts, although it is not binding, meaning it does not oblige other judges to follow the same understanding.
The case originated in a lawsuit in which the owner of an apartment in Minas Gerais sought to guarantee the right to use it for short-term stays without needing approval at a condominium assembly. The condominium argued that this use, besides not being provided for in the bylaws, negated the residential character of the building.
The Court of Justice of Minas Gerais (TJMG) had already denied the request, and this decision was upheld by the STJ, which is still subject to appeal. Airbnb acted as an interested party in the action.
In a statement to Folha de S.Paulo, Airbnb stated that “the STJ’s decision refers to a specific and isolated case, it is not definitive and does not prohibit Airbnb rentals in condominiums. Prohibiting or restricting short-term rentals violates the constitutional right to property of those who rent their property.” The platform also highlighted that it will take appropriate legal action.
According to the company, a study by FGV showed that in Brazil the platform contributed almost R$ 100 billion to local economies in one year, which is why the decision in question has the potential to impact not only hosts, but the entire ecosystem that depends on this income, such as local businesses and suppliers.
In the prevailing vote in the judgment, the rapporteur of the appeal, Minister Nancy Andrighi, stated that contracts mediated by digital platforms such as Airbnb do not qualify as residential rentals or hotel accommodations, and can be classified as atypical contracts.
According to Jaylton Lopes Jr., a specialist in civil procedural law and partner at the law firm Agi, Santa Cruz & Lopes Advocacia, the classification is relevant because it avoids an automatic solution.
“The legal nature must be analyzed based on the reality of the use, that is, frequency, turnover, professionalization, services offered and impact on the condominium community,” he says.
Minister Nancy also stated that, according to the Civil Code, it is the duty of condominium owners to give the parts of the development the same purpose as the building itself, that is, “if a condominium has a residential purpose, the apartments must also be used for residential purposes.”
She further highlighted that the intensification of short-term stays through digital platforms has increased the turnover of people in condominiums, impacting the safety and well-being of residents.
“On the one hand, owners argue that making the property available through platforms like Airbnb constitutes a contemporary form of short-term rental, provided for in the Tenancy Law, and therefore a legitimate expression of the exercise of the right of ownership. On the other hand, condominiums argue that the repeated, impersonal, and professional exploitation of short stays, with high turnover of third parties, can compromise the safety, tranquility, and health of other residents, in addition to distorting the residential purpose of the building,” says Jaylton.
The platform told Folha that it has resources and tools focused on the safety of guests, hosts, condominiums, and the community in general.
The dissenting opinion presented by Minister Antonio Carlos Ferreira was overruled. He argued that property rights could only be restricted if expressly stipulated in the condominium bylaws. In his vote, the minister stated that rentals through digital platforms, in themselves, do not transform residential use into commercial activity.
Lawyer Ramon Barbosa Tristão, from Nascimento e Mourão Advogados, states that the matter under discussion is included in a draft reform of the Civil Code, whose text may still undergo changes during the legislative process, but foresees the possibility of condominium bylaws restricting or prohibiting short-term rentals.
According to Rodrigo Forlani Lopes, partner at Machado Associados, contu
However, there is no expectation of approval of the bill in the short term, nor is there any guarantee that there will be no modifications to the text. “What construction companies have been doing is already including explicit provisions for authorization in the bylaws of new developments,” he states.
Tristão also points out that, although the STJ’s decision serves as relevant guidance for state courts and lower instances in similar cases, the issue is not settled nationally, as there has been no judgment under the repetitive appeals procedure. Thus, new cases may still be submitted to the court.
https://www1.folha.uol.com.br/mercado/2026/05/stj-decide-que-oferta-de-imovel-em-airbnb-exige-aval-de-dois-tercos-dos-condominos.shtml
Reproductions
JORNALDEBRASILIA.COM.BR/BRASÍLIA
STJ decides that offering a property on Airbnb requires approval from two-thirds of the condominium owners
STJ decide que oferta de imóvel em Airbnb exige aval de dois terços dos condôminos
BEM PARANÁ ONLINE/CURITIBA
STJ decision changes rules for renting property in Airbnb
https://www.bemparana.com.br/noticias/politica/decisao-do-stj-muda-regras-para-alugar-imovel-no-airbnb/
ES HOJE/VITÓRIA
STJ decides that offering a property on Airbnb requires approval from two-thirds of the condominium owners
STJ decide que oferta de imóvel em Airbnb exige aval de dois terços dos condôminos
PALAVRA PB
STJ decides that offering a property on Airbnb requires approval from two-thirds of the condominium owners
STJ decide que oferta de imóvel em Airbnb exige aval de dois terços dos condôminos
Folha De S.Paulo, May 8, 2026, 5:43 PM
