Are Short-Term Rentals Allowed in South Florida?
The Short Answer
It depends on the address. Florida licenses vacation rentals at the state level, but each city sets its own registration and zoning rules, and a condo or homeowners association can prohibit short stays altogether. Confirm all three for a specific property before you buy it, because one of them saying no is enough.
The State License
A house or condo unit rented to guests more than three times a year for periods of less than 30 days is a vacation rental under Florida law and needs a license from the Department of Business and Professional Regulation's Division of Hotels and Restaurants. The license is per property or per building and is renewed each year.
City and County Rules
Florida limits a city's power to ban vacation rentals or regulate how long and how often they are rented, but ordinances adopted before June 2011 remain in force, and every city may still require registration, inspections, occupancy limits, parking and a local contact. The result differs from one side of a city line to the other. Some cities, including parts of Miami Beach, restrict short stays to certain zones under older ordinances. Confirm the current rule with the city's code office for the exact address.
Association Rules
A condominium or homeowners association can set a minimum lease term in its documents, and many set 30 days, six months or a year, which rules out nightly and weekly stays whatever the city allows. Associations enforce these with fines and legal action, and a buyer cannot rely on what a previous owner got away with.
Taxes on Short Stays
Rentals of six months or less are taxed as transient rentals in Florida: the 6 percent state sales tax, any county discretionary sales surtax, and the county's tourist development tax. Booking platforms collect some of these in some counties but not always all of them, and the owner remains responsible. You register with the Florida Department of Revenue and, in many counties, with the county tax collector.
Insurance and Financing
A standard homeowners or landlord policy may not cover short-term guests, so ask for a policy written for the use. Lenders treat a short-term rental as an investment property, and some will not count projected short-term income. Consult a mortgage lender before you rely on that income to qualify.
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Are Short-Term Rentals Allowed in South Florida?: Questions
- Are short-term rentals allowed in South Florida?
- It depends on the address. Florida licenses vacation rentals at the state level, but each city sets its own registration and zoning rules, and a condo or homeowners association can prohibit short stays altogether. Confirm all three for a specific property before you buy it, because one of them saying no is enough.
- Do I need a license to offer a home for short stays in Florida?
- Yes, in most cases. A home rented more than three times a year for less than 30 days at a time needs a state vacation rental license, and most cities require their own registration as well.
- Can my homeowners association ban short-term rentals?
- Yes, if its recorded documents set a minimum lease term or prohibit short stays. Read the covenants and their amendments before you buy.
- Do I owe tax if the booking platform already collects it?
- Possibly. Platforms collect state and county taxes in some places and only part of them in others. Check what your platform remits in your county and register for whatever it does not cover. Your tax adviser can confirm.