In a ruling on May 7, 2026, the Second Panel of the Superior Court of Justice (STJ) decided that short-term rentals of properties in residential condominiums are only permitted if at least two-thirds (2/3) of the condominium owners have approved it.
The Court held that short-term rentals constitute an atypical contract and detract from the residential purpose of the condominium. The decision applies to platforms such as Airbnb, and in the absence of express approval by a qualified majority, such rentals are prohibited.
The Second Section of the Superior Court of Justice (STJ) ruled, last Thursday (7th), that the use of
condominium units for short-term stay agreements — such as those arranged through Airbnb — requires
that the change of use of those units be approved at a general assembly by at least two-thirds of the unit
owners.
By majority vote, the panel held that using residential units for economic or commercial purposes
changes their residential character and, for that reason, must be authorized by the condominium.
The ruling standardizes the court’s position on the matter.
The case arose from a lawsuit in which the owner of an apartment sought to establish her right to list it for
short-term stays without needing assembly approval, while the condominium argued that such use was not
provided for in the building’s bylaws and undermined its residential character. The company Airbnb
participated in the proceedings as an interested party.
Short-term stays do not qualify as either a lease or hotel accommodation
In the prevailing opinion, Justice Nancy Andrighi noted that contracts arranged through platforms such as
Airbnb do not fit squarely within either residential lease agreements or hotel accommodation contracts,
and may therefore be considered atypical contracts.
“The means by which the property is made available does not determine the legal nature of the
transaction. It is irrelevant, for purposes of legal classification, whether the offer to third parties
was made through digital platforms (such as Airbnb), real estate agencies, flyers posted at
building entrances, or classified ads. Accordingly, both a short-term residential lease and a hotel
accommodation agreement can be entered into via a digital platform without losing their
respective legal character.”
According to the reporting Justice, the growth of digital platforms has intensified short-term rentals,
increasing the flow of people through residential buildings. In the STJ’s view, this scenario can affect
the safety and peace of residents, and requires condominium authorization for this type of rental.
Civil Code: unit owners have a duty to respect the intended use of the development
Justice Nancy Andrighi emphasized that, under Article 1,336, item IV, of the Civil Code (CC), unit owners
are required to use their portions of the building in accordance with the building’s designated purpose —
meaning that ‘if a condominium has a residential designation, the apartments must also be used for
residential purposes.’
The Justice further noted that Article 1,351 of the Civil Code establishes that any change in the designated
use of a building or residential unit requires approval by two-thirds of the unit owners.
“Therefore, any change in the condominium’s designated use must be approved by two-thirds
of the unit owners; in the absence of such approval, the use sought by the appellant is
prohibited given the residential use designation of the units” — the Justice concluded, denying
the property owner’s special appeal and upholding the decision of the Court of Justice of Minas
Gerais (TJMG), which had rejected the request to list the property on Airbnb without the
condominium’s authorization.
The content was produced by the SouzaOkawa Team. Use the Link above to access the (portuguese) PDF version