# Brazil STJ rulings on condominium short-term rentals

> Live situation record from CLSTR: https://clstr.news/situations/brazil-stj-rulings-on-condominium-short-term-rentals
> Updated: 2026-09-28T17:47:58.000Z. Sources: 17. Developments: 2.

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.

## Timeline

### 2026-09-28: 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 sources. https://clstr.news/cluster/superior-tribunal-de-justia-rules-on-short-term-rental-bans

### 2026-09-17: 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.

15 sources. https://clstr.news/cluster/stj-suspends-brazil-lawsuits-over-short-term-condo-rentals

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Cite as: Brazil STJ rulings on condominium short-term rentals. CLSTR, https://clstr.news/situations/brazil-stj-rulings-on-condominium-short-term-rentals
