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Writer's pictureDra. Paula Farias

Availability of apartments on Airbnb divides opinions and generates legal controversy

The alternative lodging platform grows in the country and generates discussions about its impacts on condominiums and the safety of other residents; judicial decisions are still not unanimous on the subject.

São Paulo - Brazil


Renting apartments on platforms like Airbnb has been the subject of controversy in several cities around the world. In some places, local authorities have banned or limited the practice, while in others, the activity is allowed under certain conditions. In Brazil, this issue has been debated both legislatively and judicially.


According to Airbnb data, the platform has already hosted more than 500 million people worldwide since its creation in 2008. In Brazil, the company claims to have more than 200,000 registered hosts and has already hosted more than 7 million people. The alternative lodging sector, which includes Airbnb, has grown significantly in recent years and is seen as a more economical and flexible option to traditional hotels.


However, the availability of apartments in condominiums on platforms like Airbnb has been criticized by residents and condo managers who argue that this practice can harm the safety and well-being of other condominium owners. In some cases, condominiums have tried to prohibit or limit this activity through decisions made in meetings.


As for the judiciary's position, there is still no uniformity of understanding. Some judicial decisions have allowed the practice as long as the internal rules of the condominium are observed, while others have prohibited the activity because it violates the residential purpose of the property. The issue is still the subject of debate and discussion, and the case law on the subject should be consolidated in the coming years.


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