Is Airbnb legal in Rio de Janeiro?

Airbnb regulations in Rio de Janeiro are shaped by both the broader Brazilian legal framework and specific considerations related to the city. Here are the key aspects of these regulations:

1. Right to Rent: Brazilian law permits property owners to rent their properties through Airbnb, as this falls under the constitutional right of ownership. Both Brazilians and foreigners residing in Brazil can legally rent their properties temporarily (up to 90 days) or for longer durations.

2. Condominium Regulations: While federal laws ensure the right to rent properties, condominium rules sometimes seek to restrict short-term rentals through platforms like Airbnb. However, several court decisions within Brazil, including those in Rio de Janeiro, have consistently upheld property owners' rights to rent their units via Airbnb. Condominiums cannot legally impose restrictions against such rentals without risking legal challenges, as these restrictions may constitute an abuse of rights.

3. Health and Cleanliness Standards: Airbnb recommends hosts in Rio de Janeiro adhere to enhanced cleaning practices based on guidelines from reputable health organizations, such as the US CDC, to ensure safety and cleanliness amid ongoing health concerns like COVID-19.

4. Business Licensing: Hosts in Rio de Janeiro must secure a general business license for conducting economic activities involving accommodations. This requirement stems from local zoning laws, which necessitate permits for physical venues engaging in economic activities. Additional permits may be required depending on the nature of the hosting activity.

5. Taxes: Hosts are responsible for declaring their income from Airbnb rentals and paying corresponding taxes. This involves declaring the rental income through the "carnê leão," a process applicable to individual taxpayers. Professional advice is recommended for detailed tax-related responsibilities, given the complexity of Brazilian tax laws.

6. Insurance Considerations: Hosts are advised to consult with insurance professionals to ensure adequate coverage for risks associated with their Airbnb listings. Airbnb provides Host damage protection and Host liability insurance through its AirCover program but highlights the importance of having robust homeowner or renter's insurance.

7. Best Practices for Hosting: Airbnb encourages hosts to maintain good cohabitation practices in condominium settings by respecting the rules of coexistence outlined by the condominium and ensuring guests are informed about these guidelines.

For hosts considering starting or continuing their Airbnb operations in Rio de Janeiro, it is recommended to stay informed of any changes in regulations, either through government sources or legal consultation.