Vacation Rental Hosting in Florida – Brinkley Morgan Attorneys at Law

By Kyle M. Morgan, Esq.[1]

Popular vacation rental websites and Apps such as Airbnb, VRBO, Homeaway, and FlipKey have changed the way people travel. More and more people around the country are choosing to rent privately owned homes as opposed to staying in hotels. The opportunity to rent your property to travelers on these vacation rental platforms has never been greater. If you are thinking about listing a property you own in the State of Florida on a vacation rental platform, there are important State/local license requirements, tax consequences, and community association restrictive covenants that potential hosts need to be aware of.

License Requirements

The first issue all potential hosts need to be aware of is the Florida vacation rental license requirement. Florida law defines many types of lodging establishments, including vacation rentals. Airbnb and VRBO listings for example, will be categorized as vacation rentals under Florida law, but that categorization may not apply to all listings.  Section 242(1)(c), Fla. Stat. defines vacation rentals as “any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family or four-family house or dwelling unit that is also a transient public lodging establishment, but that is not a timeshare project.” Transient public lodging establishments are defined under §509.013, Fla. Stat. as “any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.”

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