Short-term rentals and Airbnb in João Pessoa: what changed with the STJ ruling

By 5 votes to 4, the STJ required approval by two-thirds of the condominium for Airbnb-type rentals.

On May 7, 2026, the Second Panel of the Superior Court of Justice (STJ) ruled on Special Appeal (REsp) 2,121,055/MG, with Justice Nancy Andrighi as rapporteur, establishing a precedent that directly affects those who rent out properties through platforms such as Airbnb in residential condominiums — including buildings geared toward short-term rentals concentrated in neighborhoods such as Cabo Branco, Tambaú and Manaíra, in João Pessoa. The decision was published in STJ Case Law Bulletin No. 889, of May 19, 2026.

By a narrow majority of 5 votes to 4, the panel decided that recurring short-term rentals via digital platforms are not the same as either residential leasing or hotel accommodation: it is an atypical contract that, when exploited repeatedly, undermines the exclusively residential purpose of the unit and can affect the safety, peace, and well-being of other unit owners.

In practice, this means the activity is only considered legitimate when expressly authorized by the condominium bylaws, and that any amendment to the bylaws to allow — or ban — this use requires a qualified quorum of two-thirds of unit owners, as set out in Article 1,351 of the Civil Code.

The ruling is not binding on lower courts, but it has already been guiding condominium managers and administrators to review internal rules. Those who rent short-term in João Pessoa without explicit provision in the building's bylaws now run the risk of legal challenge by the condominium.