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2 clusters · 17 sources · 12 days · First seen · Last updated

Brazil STJ rulings on condominium short-term rentals

Overview

The Superior Tribunal de Justiça (STJ) in Brazil has addressed the legality of short-term rentals, such as Airbnb, within residential condominiums.

Initially, the STJ's Second Section ordered a nationwide suspension of all legal proceedings regarding this issue, designated as ‘Tema 1.443’. This suspension was intended to prevent conflicting judicial decisions while the court worked to establish a uniform precedent regarding whether a condominium convention specifying ‘exclusively residential use’ is sufficient to prohibit such rentals.

Following this, the STJ's 4th Panel ruled that residential condominiums possess the right to prohibit short-term rentals if the building's convention specifies strictly residential use. The court concluded that high-turnover rentals can alter the intended residential nature of a building. The ruling established that property rights are not absolute and must respect limitations set by the Federal Constitution, the Civil Code, and specific condominium bylaws.

Entities

Superior Tribunal de Justiça · MME Vacation Club · Airbnb · Ipioca Mar Resort All Inclusive · João Otávio de Noronha

Timeline

  1. [BUSINESS] 2 sources
    Brazil's STJ rules condos can prohibit short-term rentals

    Brazil's Superior Tribunal de Justiça ruled that residential condominiums may prohibit short-term rentals, like Airbnb, if they violate the building's residential purpose.

  2. [BUSINESS] 15 sources
    STJ suspends nationwide lawsuits over Airbnb rentals in condominiums

    The STJ has suspended all lawsuits in Brazil concerning short-term rentals in residential buildings to establish a uniform legal precedent regarding whether residential clauses can ban platforms like Airbnb.

Sources

bahianoticias.com.br · brasil247.com · brasilemfolhas.com.br · catracalivre.com.br · conjur.com.br · extra.globo.com · folhadointerior.com.br · hopkinsmedicine.org · infomoney.com.br · jornaldebrasilia.com.br · justicaemfoco.com.br · revistasoberana.com.br · saobentoemfoco.com.br · sbtnews.sbt.com.br · spacemoney.com.br · tribunanf.com.br · vtvnews.com.br