Brazil’s Superior Court of Justice (STJ) has reaffirmed a ruling that restricts Airbnb rentals in condominiums without explicit consent.
This decision emphasizes that short-term rentals through Airbnb are inconsistent with traditional residential or vacation leases.
The Fourth Chamber’s ruling reflects a growing legal trend, as it follows a similar 2021 decision by the Third Chamber.
The court denied Airbnb’s appeal seeking clarification on a previous judgment. This denial marks the second STJ ruling that disfavors the rental platform.
Legal experts are concerned about the implications for investors in Airbnb properties, highlighting the uncertainty this creates in the rental market.
The case under review involved a property owner challenging lower court rulings that barred renting to multiple tenants via Airbnb.
The courts deemed such rentals outside the scope of standard leasing agreements.
Justice Raul Araújo, presenting the majority opinion, stated that condominium properties must be used for residential purposes unless there’s clear authorization for paid hospitality.
This ruling aligns property use with existing legislation and condominium agreements. However, Justice Luís Felipe Salomão offered a contrasting view.
He argued that Airbnb rentals, part of the sharing economy, should enjoy economic freedom.
Salomão cited a precedent from the Supreme Federal Court (STF) supporting shared services like Uber in traditionally taxi-served markets.
Brazilian Court Confirms Restrictions on Airbnb Rentals
In the political arena, a Brazilian Senate bill seeks to regulate residential rentals on platforms like Airbnb.
Senator Angelo Coronel proposed this bill to address the legal void causing conflicts between property owners and condominium residents.
This legislation aims to balance the interests of different stakeholders in the condominium community.
Airbnb responded to the STJ’s rulings, stating that these decisions are case-specific and don’t constitute a blanket ban on Airbnb rentals in condominiums.
The company asserts that vacation rentals are legally protected in Brazil and restricting them infringes on property owners’ rights.
Airbnb commits to supporting Brazil’s economic and tourism growth by enabling property owners to earn through hosting.