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short term rentalsSouthwest Florida is a prime location for people to bring their family and friends to vacation. Whether it’s the golf, beaches, or just the beautiful weather, Southwest Florida has solidified itself as a great destination for vacations. This has made tourism a major industry, and one of the biggest areas of tourism is hotels and rentals for families staying in the area.

However, in recent years families have been more inclined to try to rent a home for a short period rather than booking a hotel room. According to Section 509.013(4)(a)(1.) of Florida Statutes, a short-term rental is defined as a residence rented for less than thirty days and rented out more than three times a year.

With the rise of the vacation rental industry, local governments and their residents have seen the impacts they have on the community. This led to two major questions – how can local governments regulate these short-term rentals or how can they prohibit them?

History of Short-Term Rentals

Vacation rentals have always been popular but were not always readily available or easy to find. A revolution occurred in the early 2000s with the rise of the internet and along with that came online rental platforms. Now there are many different platforms, such as Airbnb and VRBO, which made short-term rentals much more available. Further, this led to an overall increase in the number of rentals available.

This increase in rentals led to issues amongst local governments and their citizens because of the impacts short-term rentals had on the community, both positive and negative. Local governments began to ban or create regulations around these short-term rentals. Because of the divide and lack of consistency in regulation by local governments, the Florida legislature created a law that prohibited any local government from banning short-term rentals and limited how they may be regulated.

Effect of the New Legislation

Continue Reading Can Your Local Government Ban Short Term Vacation Rentals?

vacation rentalBeginning January 3, 2022, Collier County will require registration of “short-term vacation rentals.” This includes any “habitable space . . . for a term of six months or less. . . . .” unless exempted under state law. To view the Ordinance, click here.

Some may recall that Collier County had a similar rental registration ordinance between 1996 and 2010. The old rental registration requirement was annual beginning in 1999, and a yearly fee was required. The new registration is a one-time requirement (although changes to ownership or the owner’s designated contact person must be reported to the County within ten days).

What do short-term property owners need to do to comply?

In most cases, to have a “code-compliant” rental in unincorporated Collier County, an owner must:
Continue Reading New Collier County Short-Term Rental Registration Begins January 2022

Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City.

Background

In 2017, the City of Miami adopted a resolution that affirmed the City’s zoning regulations “as they pertain to short-term/vacation rentals,” and stated that neighborhoods zoned as T3 were limited to permanent residential use, which precluded rental accommodations per night, week, or anything less than one month.

Notably, the T3 zone encompassed most of the City’s single-family houses and duplexes. When residents who had been using Airbnb to rent their properties spoke against the resolution, residents were directed to state their name and address for the record, and the City Manager made the comment that the City was “now on notice” of those who spoke against the City’s code and that he would direct his staff to enforce the City code.Continue Reading Limited Vacancy: Florida Appeals Court Rules in Favor of the City of Miami’s Airbnb Rental Ban

An interesting ruling came down this week in an Airbnb case stemming from tenants illegally offering apartments for short-term rentals in violation of their lease agreements in South Florida.

Background

Bay Parc Plaza Apartments filed suit in 2017 against Airbnb with multiple claims of trespass, tortious interference with a contract, and violations of the Florida Deceptive and Unfair Trade Practices Act.

Airbnb attempted to have the case dismissed based on protections under the Communications Decency Act (CDA). Because the CDA protects operators of internet services from liability for content posted from third parties who use their services, Airbnb argued that short-term rental listings on their website posted by tenants within an apartment building qualified as third party content and Airbnb, therefore, is immune to suit for that content under the CDA.

Ruling

Continue Reading Does Free Speech Protect Your Right to Sublease in Florida?