Can a condo ban Airbnb in Brazil? The 2026 STJ ruling

Can a condominium ban Airbnb in Brazil? The question has never been searched as much as in 2026, and for good reason: this year, the Superior Tribunal de Justiça (STJ), Brazil's highest civil court, issued two important decisions on short term rentals in residential condominiums. If you own a house or apartment rented out for short stays in Brazil, it is worth understanding what has changed.

In this article, we explain in plain terms what was decided, what is still open and what you can do right now to keep renting with peace of mind.

What the STJ decided in May 2026

On 7 May 2026, the STJ's Second Section ruled on the case of an owner in Minas Gerais who wanted to keep renting her apartment on Airbnb against her condominium's wishes. By 5 votes to 4, the justices sided with the condominium.

The majority view, led by Justice Nancy Andrighi, was this: when a condominium is exclusively residential, frequently renting a unit for short stays through digital platforms departs from that purpose. For this kind of rental to be allowed, it therefore needs approval from two thirds of the owners, as article 1,351 of the Brazilian Civil Code requires for any change of use.

The ruling also made clear that it is not the app that defines the nature of the contract, but how the property is actually used day to day.

Tema 1.443: the final decision is still pending

The May decision is an important reference, but it is not binding on every court. That is why, a few weeks later, the STJ decided to settle the question for good by opening Tema 1.443, assigned to Justice Raul Araújo.

The question is precise: is a simple residential use clause in the condominium bylaws enough to prevent short term rentals on digital platforms, or does the condominium need a specific rule banning them?

In the meantime, the STJ suspended all court cases across Brazil dealing with exactly this issue. At the time of writing, the final ruling has not been issued and no date has been set. Once it is, it will be binding on all courts.

Note that the Federal Public Prosecutor's Office issued an opinion in Tema 1.443 that goes against the May decision, arguing that short term rentals can only be prevented if the bylaws expressly ban them. The debate remains open.

The suspension does not ban Airbnb

It is important not to mix things up. The nationwide suspension freezes court cases on the subject, but it neither bans nor automatically allows short term rentals. In practice, what counts today is what your condominium bylaws say and what has been voted in owners' meetings.

What about the Civil Code reform?

The topic is also before Congress. Bill 4/2025, which reforms the Civil Code and is under discussion in the Senate, includes rules on short term rentals in condominiums. The STJ's May decision points in the same direction as the current draft, but the bill may still change before it is passed.

Are houses in gated communities affected?

In destinations like Itacaré, many high end homes are located in gated communities with a security gate and shared areas. The Civil Code's condominium rules apply to many of them, so the same logic applies: everything starts with reading the bylaws and internal rules.

Every community is different. In many of them, short term rentals have been part of the place from the start and are already provided for or authorized. In others, the subject has never been discussed.

What owners should do now

Until the STJ issues its final ruling, the best protection is good information and a good relationship with your condominium. Here are four practical steps:

• Read the bylaws and internal rules. Check whether there is an authorization, a ban or specific rules for short term rentals.

• Review the minutes of owners' meetings. Recent decisions may have introduced guest registration, occupancy limits or rules for shared areas.

• Organize your operation. Registering guests with the gate in advance, clear house rules and a responsible contact who is always reachable make all the difference for neighbors.

• Get legal advice if there is a conflict with the condominium or doubt about whether a rule is valid.

Professional management keeps neighbors happy

What bothers neighbors is rarely the rental itself, but the lack of control: unidentified guests, noise, misuse of shared areas. Professional management solves exactly these issues, with organized check ins, advance communication with the gate and someone who responds quickly when something comes up.

At Maison Luar, we manage high end homes in Itacaré's gated communities with this care at every stay. If you own a property in the area and want to rent it safely and in line with the condominium's rules, talk to our team.

This article is for information only and does not replace advice from a lawyer. Information updated in November 2026.

Address

Itacaré - BA

Contacts

+55 73 999 537865
conciergerie.luar@gmail.com