The use of platforms like Airbnb has grown rapidly in Brazil, driving a new model of real estate income based on quick, flexible, and highly profitable stays. However, this movement has brought a side effect: a direct clash with the dynamics of... residential condominiums, who began to face structural doubts about safety, tranquility, and the very purpose of the buildings.
This debate — innovation versus condominium coexistence — has reached the Superior Court of Justice and is now one of the most debated topics in contemporary Real Estate Law.
Special Appeal No. 1,819,075/RS, judged by the Fourth Panel of the Superior Court of Justice (STJ), became the central focus of the debate. In it, the Court established a clear guideline:
If the condominium bylaws establish exclusively residential use, the prohibition of rentals through digital platforms is valid.
The winning vote classified this type of occupancy as "atypical accommodation," characterized by: – high occupancy turnover; – very short stays; – the possibility of added services similar to hotels; – a greater impact on access control and security.
The Superior Court of Justice (STJ) distinguished between rentals via app and seasonal rentals as defined in Law 8.245/91, stating that, in practice, the dynamics are closer to those of a hotel than to residential use.
Following the precedent set by the Superior Court of Justice (STJ), state courts began to consolidate a similar understanding.[1]. Some recent examples:
The Court of Justice of Goiás confirmed a decision that prohibited the use of residential units for lodging via Airbnb, emphasizing the incompatibility with residential purposes.
Cases reported in the legal press show judges ordering the termination of leases, especially when there is no express authorization in the agreement.
The Fourth Panel revisited the topic in 2024 (Special Appeal No. 2,121,055/MG). Justice Nancy Andrighi voted in favor of allowing short-term rentals when the agreement does not prohibit them, but the analysis is currently suspended due to a request for further review.
The reform of the Civil Code has also entered the debate. Bill 4/2025, which is being processed in the Senate, proposes for the first time an explicit rule on digital platforms in residential condominiums.
The preliminary text stipulates that:
The use of the unit for atypical lodging will be prohibited, except with express authorization in the bylaws or approval by a qualified quorum at the assembly.
In other words, the project "positively" reinforces a trend that has already been strengthened by case law.
With this, the issue ceases to depend solely on judicial interpretation and becomes integrated into the Civil Code itself.
Summary of the current situation
- STJ (2019–2024): The autonomy of the condominium bylaws prevails.
- State courts: Repeated decisions prohibiting the practice in residential condominiums.
- Legislation under discussion: A trend towards strengthening the condominium's power to define or restrict usage through platforms.
- Market: Investors should consider the "Airbnb risk" when acquiring real estate.
Practical recommendations for building managers, administrators, and lawyers.
To condominiums:
- Review the bylaws and internal regulations;
- to expressly decide whether to permit or prohibit the practice;
- Adopt control mechanisms, if authorized.
To owners and investors:
- Check the condominium bylaws before making the property available;
- to understand that the regulatory landscape is becoming more restrictive;
- Consider the impact of the Civil Code reform on short-term transactions.
Conclusion
The current scenario reveals a clear appreciation for condominium autonomy. Rentals via apps remain perfectly legal, but are not compatible with all condominiums.
The trend — both judicial and legislative — points towards a model in which each condominium will have even greater power to decide whether the practice should be: - prohibited; - permitted; or - regulated.
For lawyers, trustees, and investors, keeping up with updates from the Superior Court of Justice (STJ) and the new Civil Code will be essential to prevent litigation and structure sound decisions.