Brazil's STJ rules condos can prohibit short-term rentals

The Superior Tribunal de Justiça (STJ) has ruled that residential condominiums have the right to prohibit short-term rentals, such as those facilitated by platforms like Airbnb, if the building's convention specifies strictly residential use.

The 4th Panel of the STJ concluded that high-turnover short-term rentals can alter the intended residential nature of a building and violate condominium regulations. The ruling, led by rapporteur Minister João Otávio de Noronha, established that property rights are not absolute and must respect the limitations set by the Federal Constitution, the Civil Code, and specific condominium bylaws.

While some ministers argued that property rights should prevail unless the convention expressly forbids such exploitation, the majority held that if a convention restricts use to residential purposes, the offering of units for short-term stays can be legally prevented.