Thoughts on the (un)lawfulness of economic use of units on residential condominium buildings for short-stay purposes (Airbnb style)

Abstract

The present paper analyzes both the factual and legal issues arising from the ruling on the Special Appeal n. 1,819.075/RS issued by the Brazilian Superior Court of Justice (higher court for Private Law matters), in order to establish the type of legal agreement arranged by the parties (host and guest) on electronic means through digital intermediation (Airbnb style). In this sense, the paper will initially analyze the legal grounds for lodging and season rental contracts on Brazilian legislation. In sequence, the paper shall analyze the case related to the Special Appeal, focusing on economic use of units on residential condominium buildings and communities. The paper proposes a business-oriented analysis to advocate for the unlawfulness of lodging activities similar to the one reported on Special Appeal n. 1,819.075/RS.