A lot of people want to know, “Do I need a license to rent out my Florida property?” Renting out your house can mean different things for long-term leases and vacation rentals. This guide will tell you what licenses you might need and how local laws could affect landlords, renters, and property management.
Read on to avoid making mistakes that could cost you time and money.
Important Points
If you rent your property for less than 30 days at a time more than three times a year, you need a license from the Florida Department of Business and Professional Regulation (DBPR).
Most of the time, you don’t need a state license for long-term rentals (leases of 30 days or more). However, some cities may still require permits or business tax receipts.
Different cities and counties have different rules. For example, in Miami-Dade, unlicensed short-term rentals can be fined up to $500 for each offense. Before you rent out your home, always check with your town office.
In Florida, all money made from short-term rentals is taxable. You have to collect state sales tax and tourist development tax and then send it to the Department of Revenue.
If you don’t get the right licenses, you could face big fines, lose your insurance, get sued by tenants or HOAs, and even have to stop renting until you fix everything.
What You Need to Know About Florida Rental Licensing
If you want to rent your house, apartment, or condo in Florida, you may need a rental license first. This is especially true if you only want to rent it for a short time. Rules can change quickly, so it’s important to check with your city or county to see how different types of properties, like duplexes and triplexes, fit under the law.
What does it mean to have a rental license?
If you have a rental license, you can legally rent out your house, condo, duplex, or other property. This license is often needed before you can start renting out or collecting rent in Florida cities.
Some people call it a business tax receipt or an occupational license. Some properties need special licenses if they are used for short-term stays, like Airbnb vacation rentals.
This paper helps local officials keep track of rental properties so they can collect state sales tax and check for safety. The Department of Business and Professional Regulation (DBPR) gives out the licenses that some vacation rentals need.
Before renting out your property, landlord-tenant laws also say that you must have a valid lease and follow building codes. If you don’t have the right license, you could get in trouble with the law or have to pay fines. Check with both state and city rules first.
What is the difference between short-term and long-term rentals?
Now that you know what a rental license is, it’s easier to understand how long-term and short-term rentals are different in Florida. Most of the time, long-term rentals last 30 days or more. Most homes, condos, or apartments that are rented for more than this don’t need a state license.
Written rental agreements are common for landlords. They cover things like security deposits, costs, and tenant screening.
Renting for a short time is different. Vacation homes on sites like Airbnb and VRBO are some of these. The DBPR calls these “transient public lodging establishments” If you rent your property for less than 30 days at a time, more than three times a year, the law sees it as short term.
The Department of Business and Professional Regulation (DBPR) has strict rules that you must follow. This means getting a license from the state, following local zoning laws, collecting tourist development taxes or sales tax on payments from guests, and even changing the bedding and fire safety tools as needed.
You need to know which type of lease fits your property before you list it because Florida law makes a clear distinction between long-term leases and short stays.
Some cities also charge extra fees or require extra permits for short-term rentals. Always check first, because each county may have its own rules.
Florida’s Rules for Short-Term Rentals
Florida has clear rules for short-term rentals, and you will often need permission from the Department of Business and Professional Regulation. Property owners should also check the laws in their area and state before listing their place on sites like Airbnb.
Requirements for a vacation rental license
A lot of short-term rental homes in this state need a vacation rental license. It is clear what the rules are, and people who don’t follow them can be fined a lot.
If a property owner rents out their home more than three times a year for less than 30 days at a time, they need a vacation rental license.
DBPR, or the Department of Business and Professional Regulation, gives these licenses to rentals that meet certain requirements.
If you rent out a property as a “transient public lodging establishment” or advertise it to guests for short stays, you need a license.
If you rent a place for more than 30 days at a time, even if you do it many times a year, you don’t need a DBPR vacation rental license..
In addition to the state DBPR permit, some cities or counties may require an extra transient rental license. Always check the laws in your area.
As part of the process of getting a DBPR vacation rental license, there may be inspections and other safety checks, like those in the life safety code.
Before listing a property on Airbnb, Vrbo, or any other property management software platform, owners should make sure it meets all the requirements.
If you don’t get the right license, you could face big fines, lawsuits with cities, and problems with tenants’ rights or evictions.
If you rent condos, townhomes, quadruplexes, or Section 8 voucher housing, you may have to follow extra rules.
You have to pay taxes on the money you make from renting these properties. Part of the licensing process is registering to collect state taxes.
Rules from the Department of Business and Professional Regulation (DBPR)
The Department of Business and Professional Regulation (DBPR) rules come next after the short-term rental rules. These rules help Florida homeowners rent out their homes for the first time and keep their properties safe and legal.
Section 509.242(1)(c) of the Florida Statutes defines vacation rentals.
Transient public lodging means that rentals are available more than three times a year for less than 30 days at a time.
If your rental is used more than three times a year, with each stay lasting less than 30 days, you need a license from the DBPR.
You don’t need a DBPR vacation rental license for long-term rentals that last 30 days or more.
Timeshare projects don’t need this license because the DBPR doesn’t control them.
The DBPR handles license applications and renewals online at myfloridalicense.com.
Inspectors can go to homes to check on things like the safety of fire sprinklers, the growth of mold, the cleanliness of baby cribs, and the level of care that is expected in rental properties.
Licensees must follow all state laws, such as making sure that renters have the right amount of home insurance and updating their liability insurance.
If you rent out your property for a short time, you have to register with the state to collect taxes. This includes both sales tax and local bed taxes on money you make from guests.
If you don’t follow the rules, tenants or neighbors can sue you for holdover tenancy or negligence, and you could face fines.
Do You Need a License to Rent Out Your Home for a Long Time?
In Florida, many property owners can rent out their homes for a long time without a special rental license. However, cities and counties may still want you to register your leased property. Before you sign a lease, talk to your local government or use tools like rocketlawyer.com.
Long-term rentals are not subject to these rules.
Exemptions for long-term rentals
If you rent out a property in Florida for 30 days or more in a row, you don’t need a DBPR vacation rental license, even if you do it several times a year. You can find this rule in Florida Statutes Section 509.242(1)(c).
It lets landlords rent out homes for a long time without having to worry about some state rules for short-term rentals.
This exemption applies to your rental if each lease lasts at least 30 days. You can’t get an exemption if you stay for less than 30 days.
Timeshare projects don’t need these vacation licenses either. Before you list your house for rent in Florida for the first time, make sure to check your local laws. Some counties or cities may still require business tax receipts or have their own rules about leased properties, condominiums, homeowners associations (HOAs), and other things.
Check your local laws
As a landlord in Florida, you may need to do different things depending on where you live. It’s important to check your local laws because each county or city may have different rules for people who want to rent out their homes.
In some Florida cities and counties, you need a business tax receipt for every rental property, even if you only rent one unit.
Miami-Dade and other cities have different rules for short-term and long-term rentals. Some zip codes may not allow rentals for less than 30 days.
Before you can list your property on sites like Airbnb or VRBO, you may need a special rental permit.
Zoning laws usually say how many guests you can have, how many parking spaces you need, or how many days you can rent each year.
Before you let tenants move in, health and safety codes in your area may require inspections of smoke alarms, locks, and emergency exits.
Some cities require landlords to register all of their rental properties with the city so they can keep track of the addresses used for subletting or Section 8 vouchers.
Orlando fines short-term rentals without a license up to $500 for each offense; other cities may charge more or less.
Local governments can change these rules at any time, so it’s important to keep up with new laws that affect property taxes and income tax filings.
How to Rent Out Your Florida Property
Before you can rent out your place in Florida, you need to check a few rules from your HOA and the city. Before tenants move in, you may need to get permits, register for taxes, or get permission from the Department of Business and Professional Regulation. It’s a good idea to double-check each step.
Look at the rules for your HOA or COA
A lot of condos and homeowner associations have their own rules about renting. Some people want owners to get permission or give notice before renting out a property. Some people may limit how often you can rent, how long each lease lasts, or how many rentals you can have each year.
Associations might also want to check your criminal record, your background, or ask for more forms for your tax return.
If you break these rules, you could get a fine or lose the right to rent your unit. Every homeowners association (HOA) has its own set of rules, so always read the documents for your HOA first.
Some neighborhoods even want proof that you follow state rules about things like short-term vacation rental licenses and property insurance for damage. Next, there are local laws and zoning rules that will affect how to rent out your house in Florida for the first time.
Learn about local laws and zoning
In Florida, zoning laws in cities and counties can limit how you rent out your home. In some areas, like Miami-Dade County, there are strict rules about how many tenants or rental units can be on a single property.
Local laws may also limit short-term rentals and vacation homes, or they may require you to get a permit before you can list on Airbnb. Local laws may affect what you can do if you want to let pets or emotional support animals stay in your home.
Some neighborhoods need to register with the city office and have their noise and parking checked. Health and safety codes often require that inspectors check your home for compliance before you rent it out for a long time.
You might also have to fill out disclosure forms or other legal notices about the lease. Local governments can fine you a lot of money—sometimes thousands of dollars—for breaking these rules. To avoid problems with tax laws, criminal background checks, homeowners insurance updates, or zoning restrictions set by your town’s council, always check the city’s website first.
If you need one, apply for a DBPR vacation rental license
You need a DBPR vacation rental license if you want to rent out your Florida property for less than 30 days at a time and do it more than three times a year. The Florida Department of Business and Professional Regulation (DBPR) gets the application.
This process usually involves paying fees, showing proof that your place is safe, and agreeing to possible health inspections. If there is an LLC involved, the owners must give papers like tax records or articles of incorporation.
Before they can be listed as available for less than 30 days, properties must get a license. The DBPR is in charge of renewing licenses, so make sure you do it on time to avoid fines or legal problems. If you don’t get this license, the state could fine you or make it hard for you to serve papers if someone files a complaint about your rental business.
Sign up for tax collection and compliance
After you apply for your DBPR vacation rental license, the next step is to sign up for tax collection and compliance. Landlords in Florida who rent out their homes for a short time must charge sales tax and tourist development tax on each stay.
This rule still applies if you use sites like Airbnb or VRBO. You have to register with the Department of Revenue at both the state and local levels.
Before you can rent out your space, many counties will ask for a business tax receipt. Depending on how much you rent, some cities might also want you to file taxes every month or every three months. If you don’t follow these steps, you could get in trouble with the law, pay fines, or both.
The IRS wants you to report all of your earned income, including rents, on your federal taxes as well. If you don’t, you may have to pay extra taxes or interest later.
Owners should keep a close eye on their income to see if they can get any tax breaks or benefits from updating their insurance or mortgage paperwork. Setting up an LLC might help keep your privacy safe or limit your liability, but it doesn’t change the fact that you still have to follow all the rules about paying taxes as a property owner in Florida.
Rental Property Taxes and Insurance
You should learn about state taxes, local rules, and how to get your property insured. Read on for tips that will help you stay ahead.
Taxes at the state and local levels
If you rent out a place in Florida for a short time, you may have to collect and send in sales tax or tourist development tax. Before you rent out your place, most cities and counties also want you to show them a business tax receipt, which is also called an occupational license.
The Department of Business and Professional Regulation (DBPR) may ask you to show that you are following these rules.
Every county has its own tax rates and due dates. For instance, Miami-Dade might require filings every month, while other places might let you pay every three months. If you collect sales or tourist taxes on a rental property, you have to register for state income taxes, even if the property is owned by an LLC.
You can get fined a lot of money if you don’t pay the right taxes.
Updating your insurance is just as important as following the rules in your area.
Updates on liability and property insurance
It’s important to pay your state and local taxes, but it’s also important to protect your rental property with the right insurance. Landlords often have to change their liability and property insurance to cover risks that come up with tenants.
Let your insurance company know right away if you start renting out your home. This is important because some policies may not be valid if you don’t report rental activity.
Landlords should look over their policy to see if there are any rules about rentals or exclusions that only apply when people rent the property. You may need more insurance to cover damage or injuries that happen to tenants or guests.
Some insurance companies will also want to see proof that you follow the rules in your area. For example, in Florida cities or counties where it is required, you may need to show them your DBPR license. Keep records of every update and talk to your agent if you need to.
If you don’t follow all of these steps, you might not be able to get insurance help during a claim. This could leave landlords open to big losses from accidents or lawsuits. Insurance needs can vary by location, whether it’s a short stay like Airbnb or a long-term lease. Before giving new renters those pillowcases, make sure to read the policy and what each city requires.
Possible Penalties for Non-Compliance
If you rent out your Florida home without the right license, you could get in trouble with the law or have to pay fines. Keep reading to find out how these rules might affect your interests and LLCs.
Fines for renting without a license
If you rent out your property in Florida without a proper license or business tax receipt, cities and the DBPR can give you big fines. Some towns charge $250 or more for each day that a rental isn’t licensed.
The Department of Business and Professional Regulation may also fine owners who don’t get a vacation rental license. These fines can add up quickly and cost a lot of money—sometimes even thousands of dollars.
Not following tax rules can also get you in trouble, which is bad for you as a business owner or LLC. Municipalities sometimes put the names and addresses of unlicensed properties on their websites, which hurts people’s privacy online and the public’s image.
If you break the rules again, you could face bigger fines or even liens on the property itself. If someone doesn’t follow local licensing laws, they could end up in a legal fight with a city. If problems come up with criminal records or property law practice rules, it might be a good idea to get help from a lawyer.
Possible legal problems
Unlicensed rentals that get fines often end up in bigger problems, like lawsuits. If the rental is unsafe or doesn’t follow local rules, tenants might complain or sue. Landlords may have to give back rent they got without a license.
Some local groups, like homeowners’ associations (HOAs) or condo boards, can take owners to court if they break their rules.
Florida courts sometimes tell landlords to stop renting out their homes until all problems are fixed. If you don’t follow the rules for getting a license, the government could even take your property or shut it down.
Because of these legal battles, insurance companies may not cover losses, which makes it harder for owners to get tax breaks on those losses. Legal fees can be very high and quickly eat up any rental profits, sometimes even more than what you make in a year from rent payments.
Following the rules set by both DBPR and the city can help you avoid fights that make it harder for you to rent in Florida.
Changes to Rental Rules in the Future
New rules for Airbnb and VRBO may change how you rent in Florida. Keep an eye out for updates on what these changes could mean for your property.
Changes to Florida’s laws about short-term rentals
Lawmakers in Florida often change the rules for short-term rentals. New laws could change the requirements for getting a license or add more restrictions on how many days you can rent out a property each year.
Some local governments make new laws, so the rules can change from one city or county to the next. The main state agency that handles rental licenses and sets standards is DBPR.
At any time, it could change its rules and definitions.
Florida officials and towns have been paying more attention to platforms like Airbnb and Vrbo. New laws could mean harsher punishments or more checks on hosts’ tax payments.
Owners need to keep up with changes because they could change things like the insurance they need, how tourist taxes are collected, or which rentals are allowed without a license under certain dd214 military exemptions or other legal questions.
How new Airbnb rules might affect people who own property
New rules for Airbnb could soon hurt property owners a lot. Some cities, like San Francisco and Atlanta, already require you to register your rental or get a permit from the city. This could happen in Florida.
The state might add more ways for local officials to check on rentals, new insurance needs, or steps to collect taxes. If these rules pass, hosts will have to keep a very close eye on how many guests they have and how long they stay.
Airbnb might also have stricter rules for its platform that are in line with state laws. For example, it might not allow guests to stay for as long or have as many guests in one home. If you don’t follow these new rules, you could get fined by the city and by Airbnb itself.
Owners need to pay close attention because the DBPR (Department of Business and Professional Regulation) also updates its checks on vacation rental licenses. Because more and more people are getting into legal trouble, it’s a good idea for owners to check their setup often so they don’t get into trouble with new Airbnb policies or local laws in the future.
Find out how taxes and insurance affect running a legal rental business in your area. Better yet, make your legal obligations worry-free by having a property management company such as Guest Managers to make sure you are compliant in everything related to your rentals.
Final Thoughts
You can make money by renting out your Florida property, but you need to know the rules. Find out if you need permission from the DBPR or your city’s office. Some homes only need basic permits, but vacation rentals need to do more things, like registering for taxes and getting extra licenses.
New rental laws or changes in your area can happen quickly, so always look for new information before you rent. A surefire way to make rental management efficient and worry-free is to let property managers such as Guest Managers look after every aspect of your property rental, from advertising, repairs and maintenance to consistent rent collection, guest-facing, and even law compliance. Only then can it be truly passive income for property owners. Contact us today!
Questions and Answers
1. Do I need a license to rent out my house in Florida?
Yes, if you want to rent your house or apartment for a short time, most cities will require you to get a rental license. Some counties require extra permits, so always check the rules in your area.
2. What happens if I rent without a license?
The city or county might fine you or even take you to court. Local officials may also tell you to stop renting until you get the right papers.
3. Are there any special rules for renting a vacation home in Florida?
Yes, vacation homes often need more than one license and must follow safety rules like having smoke alarms and emergency exits. There are strict rules about how many days a year you can rent in cities near the beach.
4. How do I get a rental license in Florida?
The housing department or website for your city is a good place to start. They have information about the forms and fees you need for licenses and inspections. Local offices may also want to see proof of insurance before they give you permission.