Brazil's STJ halts nationwide condo lawsuits on Airbnb

Brazil's Superior Court of Justice, known as the STJ, suspended nationwide lawsuits debating whether residential buildings can block short-term rentals on platforms such as Airbnb without an explicit ban in condo bylaws. On 17 September 2026, the court communicated the halt across individual and collective lawsuits while it prepares a binding rule.

The Second Section of the court unanimously approved taking up the question on 26 May as repetitive appeal theme 1,443. Reported by Justice Raul Araújo, the review centers on Special Appeals 2,272,537 and 2,272,536, originating from a condominium dispute in Santa Catarina where an owner divided a property for short rentals on Airbnb.

Justice Raul Araújo noted that the court's precedent management commission found about 50 single-judge rulings and panel decisions on the topic within the STJ. In May, the Second Section had ruled on a separate case that an explicit ban was unnecessary if bylaws state residential use, requiring a two-thirds assembly quorum to authorize short-term leases.

The upcoming decision will define if residential-only bylaws are enough to prohibit short-term rentals or if explicit language is mandatory. Beyond courts, Brazilian municipalities including Salvador, Petrópolis, Olímpia, and Ponta Grossa have approved services taxes on short rentals, with similar proposals moving in São Paulo, Rio de Janeiro, and Florianópolis.