Lastly, it is important for potential hosts to be mindful of contracts or rules that binds you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Florida law has consistently upheld these restrictive covenants as a “reasonable” restraints on alienation which are not a violation of the unit or property owner’s rights.[5] For example, if the declaration of condominium expressly prohibits short-term vacation rentals, then you are out of luck.

If you are looking to list a property you own or operate on a vacation rental website such as Airbnb or VRBO, it is essential that you consider the state and local licensing requirements, tax consequences, and community association restrictive covenants that may govern your property. Turning your property into a vacation rental is a great way to make money, but taking shortcuts in the process may create a messy legal and monetary problem.

Kyle M. Morgan is an attorney at the full-service South Florida law firm of Brinkley Morgan, where he focuses his practice in the areas of corporate law and business development, business litigation, and marital and family law.  He can be reached at 954.522.2200 or kyle.morgan@brinkleymorgan.com.

[1] Vacation Rental – Condo Application: https://www.myfloridalicense.com/intentions2.asp?chBoard=true&SID=&boardid=200&professionid=2006^[2]

[2] Vacation Rental – Dwelling Application: https://www.myfloridalicense.com/intentions2.asp?chBoard=true&SID=&boardid=200&professionid=2007^[3]

[3] https://www.airbnb.com/help/article/2371/state-of-florida^[4]

[4] William P. Sklar, Jerry C. Edwards, Florida Community Associations Versus Airbnb and Vrbo in Florida, Fla. B.J., February 2017, at 16, 19.

[5] Woodside Vill. Condo. Ass’n, Inc. v. Jahren, 806 So. 2d 452 (Fla. 2002).