What to Know About Short-Term Rentals in Miami and Orlando

Tenant Check January 6, 2020
Photo of Imperial House Condominium Miami Beach Collins Avenue
Cora Younie

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What to Know About Short-Term Rentals in Miami and Orlando

Florida has one of the highest populations of renters in the country. One of the interesting areas of Florida Landlord-Tenant law specific to Miami and Orlando is short-term rentals. Short-term or vacation rentals are defined as any unit or residence that is rented in whole or in part to a transient occupant for less than one month. This can include a unit in a condominium or apartment building. This gets complicated in Florida particularly because there are other rental terms for week-to-week rentals.

Registration

Miami & Orlando

Short-term or vacation rentals must be licensed with the State of Florida and registered with the Florida Department of Revenue. 
A Certificate of Use must also be obtained prior to advertising or listing the property. This includes a property inspection. This certification must be completed yearly and displayed prominently in the rental unit.
Obtaining the proper registration and Certificate of Use can be done through local Miami or Orlando governments.

Regulations

Miami

Maximum occupancy for overnight renters is 2 people per bedroom and 2 additional people. This cannot exceed 12 people excluding children under 3 years old.

If residing in an area designated as Estate or Low-Density Residential, the Responsible Party for the property must reside at the residence for at least 6 months of the year. The residency of the Responsible Party and renters can overlap.
The Responsible Party is required to provide confirmation from local law enforcement that the transient resident is not a registered sex offender or sexual predator. It is a violation of this law to have a sexual offender or predator occupying the property for more than 4 days of the month if the property is within 2,500 feet of a school. 

If a person under the age of six will be staying at the property and there is a swimming pool on-site, there must be at least one pool safety feature in place. This regulation is not applicable to a community swimming pool at an apartment building or condominium.

Orlando

The property owner must be on-site while the guests are present. 

Short-term rentals are limited to one booking at a time. Limitations on occupancy include: 

  • Maximum of two people per room
  • Maximum of four non-family member renters at one time

Rentals must be considered accessory spaces, the second floor of a duplex, a spare room, garage unit, or separate apartment unit.

A lodging tax must be collected. This includes a 6.0% tax for transient rental, a 0.5% discretionary sales tax, and a 6% Tourist Development Tax. Depending on the platform used to list and book the rental, the property owner may need to collect these taxes themselves.