Brazilian courts have ruled that condominium associations may prohibit short-term rentals via apps if building bylaws restrict units to residential use [1].

These rulings address a growing conflict between property owners seeking profit from platforms like Airbnb and permanent residents who cite security risks and quality-of-life concerns. The decisions establish that the collective rules of a residential complex can override an individual owner's desire to operate a short-term lodging business.

In a decision dated March 28, 2026, the 3ª Vara de São Paulo addressed the legality of such bans [2]. Judge Monica Di Stasi said, "If the condominium convention provides for exclusively residential use, it is not appropriate to transform the property into a short-term rental activity via applications" [2].

This legal trend continued at the national level. On May 7, 2026, the 2ª Seção do Superior Tribunal de Justiça (STJ) issued a ruling in case REsp 2.121.055 [1]. The court examined the balance between property rights and the residential nature of condominium living.

Legal experts say the high turnover of guests creates a volatile environment for long-term residents. Dr. Piterson Gomes said, "The high turnover of guests can increase risks, generate discomfort and completely change the dynamics between residents" [3].

These conflicts often stem from security concerns, as frequent strangers entering a building can compromise the safety of permanent occupants [3]. The courts have largely sided with the view that short-term rentals deviate from the intended residential purpose of these buildings [2].

“"If the condominium convention provides for exclusively residential use, it is not appropriate to transform the property into a short-term rental activity via applications."”

These rulings signal a shift toward protecting the 'residential' character of housing complexes over the commercial flexibility of the sharing economy. By upholding the authority of condominium bylaws, the Brazilian judiciary is providing a legal mechanism for residents to limit the commercialization of their living spaces, potentially reducing the growth of app-based rentals in high-density residential areas.