Without new rules for short-term rentals, the end of the year arrives with high demand and debates in condominiums; to understand

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In the Costa do Atlântico building, in Ipanema, in the south zone, for example, this type of rental has been abolished, and the building manager Ayrton Laurilo Netto lists the arguments in favor of this measure:

— Used condoms were often found on the playground. We have recorded drunk tenants sleeping on the elevator floor, and permanent residents, along with the security circuit, have identified excess guest numbers on some occasions. We even had an attempt at bribery at the reception.

Rick Aragão, a property manager in Leme who has been working in the short-term market for two years, is of the opposite opinion. For him, a balance is possible between the tranquility of the inhabitants and the tourist vocation of the city.

— Each co-ownership works differently. It is therefore important that administrators and owners ensure that they guide guests appropriately. Good dialogue with the concierge and property managers tends to reduce conflicts, he believes.

The fact is that demand is strong. Among international tourists alone, Embratur data indicates that the state of Rio received 1.97 million visitors from January to November this year, an increase of 46% compared to the same months of 2024. For the period between December 21 and the first week of January 2026, air bookings increased by 10.7%, totaling 67,506 tickets.

To accommodate so many people, while hotels this year celebrate an average occupancy rate of around 80% – the highest in the last three years, according to Hotéis Rio – the number of properties offered in the city for short-term rental has also increased by 25%, calculates the Union of Companies for the Purchase, Sale, Rental and Management of Residential and Commercial Properties and Condominiums of the State of Rio (Secovi-Rio). The entity says this behavior is unprecedented and has accelerated since last November.

— The platforms are in full swing and, since last month, we have been witnessing transactions at a high season rate. They extend to the post-carnival period — explains Leo Schneider, president of Secovi-Rio.

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Under current rules, when it comes to properties rented through platforms like Airbnb, what the co-ownership agreements dictate applies. Gabriel de Britto Silva, lawyer specializing in real estate law and partner at Brito e Lamego Advogados, says the autonomy of condominiums is supported by the courts. Both in the Rio Court of Justice (TJ-RJ) and the Superior Court of Justice (STJ), the predominant idea, he asserts, is that condominiums with exclusively residential purposes can establish rules or even prevent this type of activity.

— Seasonal rentals are provided for in the tenancy law, for contracts lasting a maximum of 90 days. Short-term rentals negotiated by digital platforms are treated as accommodation contracts, as there is no direct and specific legal regulation. In this case, it is up to the co-ownership to supervise the practice – he explains.

In the Rio Chamber, the discussion began in March, with the creation of a special commission to deal with the issue. During packed debates and demonstrations, it was even proposed to ban short-term rentals on the seafront – which was not achieved – and to create a register of tenants in the municipality. On December 15, a final report from the commission was approved, with measures that were, for many, mild.

The document recommends examining the issue in plenary and highlights the need to create “robust legislation”, in order to guarantee “the security of condominium owners, tax equality and urban planning”, avoiding, for example, the practice of possible “disguised commercial hotel activity”, in addition to clarifying the responsibilities of platforms and hosts (as the administrators of rented properties are called). A bill is currently being examined in the House concerning this activity. Parliamentary recess, however, postponed the definitions until 2026.

At the Costa do Atlântico building, which banned the practice, building manager Ayrton says conversations were long, starting even before his administration, until the decision was made earlier this year. There was no consensus. Especially since, according to him, the properties advertised for short periods in the building represented around 16% of the total apartments.

Luis Fernando Guerrero, dispute resolution lawyer at Lobo de Rizzo Advogados, emphasizes that whatever the decision, it is essential to understand the central role of the condominium assembly in the process:

— The co-ownership is a community. The convention and internal regulations reflect the will of the majority. It is therefore essential that the co-owners discuss the desired profile for the location.

According to the expert, most conflicts arise from high staff turnover, which puts pressure on the structure of co-ownerships. Not all projects, Guerrero warns, have adequate conditions for access control and management of the requirements typical of this type of location.

Regarding the impact on the city’s economy, Alfredo Lopes, president of Hotéis Rio, affirms that coexistence between hotels and properties offered on digital platforms is possible, provided that there is adequate regulation:

— The problem is the imbalance. From a tax point of view, for example, hotels pay taxes, commercial rates and comply with security requirements. Properties advertised on the platforms do not follow the same rules.

In a statement, Airbnb said it opposed restrictions that harm the local economy and stressed that vacation rentals are a legal activity. The company also indicated that it maintains a dialogue with governments and encourages good practices of coexistence. According to the platform, Rio is one of its users’ favorite destinations.