Yes, short-term rental is legal in Brazil. The Tenancy Law (Law 8,245/91, art. 48) governs seasonal letting: terms of up to 90 days, for leisure, health, works or similar purposes. The caveat is not the law — it is the building: the STJ ruled that residential buildings may ban the activity in their convention.
What the law guarantees
Seasonal letting is a typified contract with its own rules: a maximum 90-day term, rent chargeable in advance and immediate repossession at the end of the term. Listing on platforms like Airbnb does not change its legal nature: it remains a seasonal lease.
What the STJ decided
In rulings from 2021 on, the STJ held that buildings with exclusively residential designation may forbid short-term rentals through their convention. In short: the law allows the activity, but your building’s convention may restrict it — and prevails.
How to operate with legal safety
- Read the convention, internal rules and minutes — or demand that verification before buying.
- Prefer buildings with permission recorded in the minutes (Full Season seal).
- Follow internal rules: guest registration, common areas, quiet hours.
The Investemporada building database shows each building’s status with documentary source and verification date.
Frequently asked questions
Is Airbnb treated as hotel business under Brazilian law?
Not as a rule. Short-stay letting of a residential unit is treated as seasonal leasing under Law 8,245/91; the STJ, however, allows building conventions to restrict that use.
What happens if I operate in a building that bans it?
The building may impose fines and seek a court order to stop the activity. The financial and legal risk is real — verify first.
Do I need a city license for short-term rental?
For residential seasonal letting there is generally no specific licensing, but municipal rules may exist — confirm in your city.
Informational content; not legal advice. For specific cases, consult a lawyer.