A court in Athens has ruled against the operation short term rentals (Airbnb) in residential apartment buildings. The decision has set the Airbnb market on fire on Tuesday, July 21, 2026, as it highlights the conflict between two fundamental rights: on one hand, the owner’s right to utilize his property and earn income, and on the other hand, the right of the remaining tenants to enjoy a calm and safe everyday life.

The Single-Member Court of First Instance of Athens has decided on Airbnb in apartment buildings after the request of interim measures against the owner of an apartment who was renting it through a short-term rental platform. The request was filed by the manager of the building who complained about noise, damages in the common spaces etc.

What the court decided

The court ruled that the owner cannot continue the touristic exploitation of the property, as the apartment building’s regulations explicitly prohibit the use of the apartments for such activity.

However, this decision does not automatically create a res judicata (claim preclusion) for all apartment buildings, media reported.

The content of the regulations of each apartment building is of decisive importance. In many, mainly older buildings, the regulations were drawn up before the spread of short-term rental platforms and do not include relevant provisions. In these cases, each case is examined separately by the courts, depending on its specific characteristics.

At the same time, there is the possibility of amending the regulations of an apartment building, provided that the legal procedures are followed and the required majority of co-owners is ensured.

At the same time, the Ministry of Justice is preparing a new bill on horizontal and vertical ownership, aiming to fill legislative gaps and provide answers to issues that have arisen in recent decades. The draft law is expected to be completed in early autumn, submitted to Parliament and, if approved, to enter into force in early 2027.

The new institutional framework seeks to modernize the rules governing the operation of apartment buildings, addressing issues such as common debts, changes in the use of real estate and disputes between co-owners, in a field that is still based on legislation that is almost a century old.

Panhellenic Federation of Property Owners (POMIDA) on the Airbnb Ban in Apartment Buildings

Speaking to HuffPost.gr, the President of POMIDA, Stratos Paradias categorically clarified that it is an “Individual Court decision for a specific apartment building. and does not constitute a general ban on short-term rentals.”

“The Court decision does not create a general law for the country,” he said adding that “each short-term rental case is examined independently by the courts based on the regulations of each apartment building and the facts.”

He stressed that “the decision does not result in a general ban on short-term rentals, as there are many court decisions that have ruled on the issue differently.”

The publication of a recent court decision that banned the operation of Airbnb in a specific apartment building caused a wave of comments and, in several cases, “celebrations” from those who believe that it paves the way for a general ban on short-term rentals in apartment buildings.

The case concerned an apartment building in Athens, where the regulation provided for the exclusive use of the apartments as residences. Based on this element and the specific circumstances of the specific building, the Single-Member Court of First Instance accepted a request for interim measures against an owner who was exploiting his property through Airbnb.

However, even lawyers point out that each apartment building has different regulations and each case is examined independently, without this specific decision implying an automatic ban on short-term rentals throughout the country.

The owner’s right

The case reopens the debate on the boundaries between the protection of the peaceful living of the tenants and the constitutionally guaranteed right to property.

It is reasonable that there are cases where the constant rotation of visitors creates problems of coexistence. On the other hand, however, it can hardly be argued that an owner does not have the right to exploit his property, as long as he complies with the legislation, declares his income and complies with all the tax obligations provided for by the short-term rental regime.

After all, an owner can host relatives, friends or any other person he wishes in his home. The fact that this hospitality is carried out for a legal financial consideration, with taxation and state control, constitutes a different form of exploitation of the property and not necessarily the conversion of a residence into a hotel unit.