Is Airbnb legal in São Paulo?

In São Paulo, the regulatory landscape for Airbnb rentals is largely shaped by recent court rulings that restrict short-term rentals in condominiums. The Brazilian Superior Court of Justice (STJ) has confirmed the necessity of obtaining explicit consent from condominium associations before conducting short-term rentals through platforms like Airbnb. This decision underscores that such rentals are inconsistent with traditional residential leases unless specifically authorized.

Legal experts warn that these rulings present uncertainties for property investors and owners, as they delineate a tight framework around the operation of short-term rentals in residential settings. In particular, the STJ has specified that properties within condominiums should primarily serve residential functions unless there is clear authorization for their use as paid hospitality.

Further legislative efforts are underway, with a proposed Senate bill aimed at regulating short-term rentals to resolve conflicts between property owners and condominium residents. Airbnb has responded to these developments, emphasizing that the rulings are case-specific and do not constitute an outright ban on short-term rentals; they argue for the protection of property owners' rights in Brazil.

It is crucial for potential hosts to understand that while Brazil's Constitution guarantees the right to rent property, any restrictions imposed by condominium rules may face legal challenges. As the regulatory environment continues to evolve, property owners must stay informed about both the legal precedents and the proposed legislation that may impact their ability to utilize platforms like Airbnb.