Airbnb in a Mumbai Housing Society: What the Courts Have Said About Short-Term Rentals

Every few weeks an NRI owner asks us: "Can I put my Mumbai flat on Airbnb instead of renting it long term?" The rent per night looks attractive. The answer from the courts is a strong note of caution.

What happened

• December 2025: The Bombay High Court dismissed a writ petition by a society member challenging his society's ban on paying guests through platforms like Airbnb. It held that a co-operative housing society is a private body, so a writ isn't the right route, and sent him back to the Co-operative Court. Until the resolution is set aside or permission is given, the member can't host such guests.
• March 2026: A Mumbai co-operative court dismissed a senior citizen's plea against her Churchgate society's restrictions. It held that listing flats for short-term stays is commercial activity, comparable to running a hotel, and not permitted without the society's consent. It upheld the society's resolutions and noted that long-term arrangements such as 11-month stays remain allowed.

Why societies win these cases

• Short stays change the residential character of a building.
• Security: unknown guests every few days, including foreign nationals whose stay must be reported.
• Members are bound by the society's bye-laws and general body resolutions.