Short-term rentals in Brazilian condominiums

What the laws we read say

The tenancy law already allows the lease type. Lei 8.245 defines the temporary lease in article 48 (up to 90 days, see short-term rentals). That definition tells you the lease is lawful in principle; it does not say that a condominium must accept it. Article 23, X obliges any tenant to “comply fully with the condominium convention and internal regulations”, and the owner who lets the unit stays bound by it as well.

The convention is binding on owners and occupants. Under Civil Code article 1.333, the convention, signed by owners of at least two-thirds of the ideal fractions, becomes binding on the owners and on anyone who has possession or custody of the units. To be enforceable against third parties it must be registered at the property registry (single paragraph). A convention that is not registered may still bind owners; a buyer should ask for the registered text.

What the convention must contain. Article 1.334 requires it to set the share of expenses and how they are paid, how the building is managed, the powers and quorums of assemblies, the sanctions on owners and occupants, and the internal regulations. The purpose of the units is fixed in the act that creates the condominium (article 1.332, III). Whether a clause on “residential use only” or on “no stays under X days” is valid and how it applies is a legal interpretation question, which is where the case law matters.

Changing the rules. Article 1.351, in the wording of Lei 14.405/2022, requires approval by two-thirds of the votes of the owners to amend the convention and to change the purpose of the building or of the unit. A ban or a permission introduced by assembly therefore needs two-thirds of the votes, counted according to the convention. An owner may vote only if their contributions are paid up (article 1.335, III).

Enforcement inside the building

• Fines for breaches. An owner who breaches the duties in article 1.336, II to IV (safety of the building, façade, purpose of the unit and respect for neighbours) pays the fine set in the convention, up to five times the monthly contribution, plus any damages (article 1.336, paragraph 2). If the convention sets none, the assembly decides by two-thirds of the other owners.
• Repeated breaches. An owner or occupant who repeatedly fails their duties can be fined by decision of three-quarters of the other owners, up to five times the monthly contribution (article 1.337). For repeated anti-social behaviour that makes living together impossible, the fine can be up to ten times, until the assembly decides otherwise (single paragraph).
• The manager. The síndico (the building manager, elected for up to two years, article 1.347) must see that the convention and regulations are followed (article 1.348, IV).

What courts and the convention may decide

Payotte read the statutes and the Civil Code; it did not read any decision of the superior courts, because the court’s website was not accessible. Courts have ruled on whether a condominium can prohibit short-term lets, on whether such a ban requires a changed convention, and on what counts as residential use. The answer may depend on the wording of the convention, the date of the clause and the facts. Do not rely on a broker, a platform or a blog for “it is allowed” or “it is banned”. Check four things before buying or listing:

1. the registered convention and the internal regulations;
2. the minutes of recent assemblies, for bans, fines or ongoing proposals;
3. whether the building’s purpose in the creating act is purely residential;
4. whether there are past fines or lawsuits against the unit.

Parking and other points

Garage spaces in a condominium cannot be sold or let to people outside the condominium unless the convention expressly allows it (article 1.331, paragraph 1), and when an owner lets a garage space, other owners are preferred over outsiders on equal terms (article 1.338). Such a restriction may matter if you plan to let a parking space with the unit.

Which professional to consult

A lawyer registered with the OAB should read the convention, the assembly minutes and current case law before you invest; see the property lawyer page. If you are buying, also see buying in a condominium.