TL;DR: In Florida, short-term rental hosts must comply with landlord-tenant laws, local regulations, and clear written terms, while guests must follow house rules, pay on time, and vacate as agreed. This guide is for general information only and does not replace advice from a Florida attorney.
Understanding the rights and responsibilities of both hosts and guests is essential for a smooth and legally compliant short-term rental experience. Florida landlord-tenant law and local short-term rental regulations shape many of the obligations summarized here, making it crucial for both parties to know where they stand. This guide provides an overview of key aspects of Florida’s rental laws as they relate to short-term and vacation rentals.
Because laws can change and local rules vary, always confirm details with official Florida resources or a licensed attorney before making decisions.
What are the rights and obligations of short-term rental hosts and guests in Florida?
Florida short-term rental hosts are responsible for providing a safe, habitable property that complies with local laws and the rental agreement. Guests must respect house rules, pay as agreed, use the property responsibly, and leave on time. When either side fails, Florida landlord-tenant laws provide remedies such as refunds, fees, or eviction.
Before you rent
When listing or booking a short-term rental, both hosts and guests should take proactive steps to ensure clarity and fairness.
For hosts:
- Confirm that your property is properly licensed, zoned, and registered for taxes before accepting bookings
- Share clear house rules and all fees upfront so guests know what to expect
For guests:
- Property inspection: Inspect the rental property upon arrival and document any pre-existing issues with photos or videos to prevent disputes over damages
- Understanding terms: Review the rental agreement and house rules before booking, as cancellations may not guarantee refunds
- Advance payments: Many vacation rentals require upfront payments or deposits. The exact rules should be spelled out in the rental agreement and consistent with Florida law and platform terms — some may be non-refundable depending on those terms and applicable law
Types of rental agreements
Short-term rentals can operate under different types of agreements:
Platform-based agreements: Many rentals are booked through platforms like Airbnb or Vrbo, which provide built-in terms of service that both hosts and guests must follow. Even when you book via Airbnb or Vrbo, their terms of service sit on top of Florida law—not instead of it.
Private agreements: If a rental is booked directly with a host, a written agreement specifying the terms of stay, house rules, and refund policies can help prevent misunderstandings. Private agreements also need to align with state and local Florida short-term rental regulations. A simple direct agreement should list: stay dates, total price, and due dates, cancellation/refund rules, maximum occupancy, house rules, and how the security deposit is handled.
Notice requirements: Any changes to rental terms should be communicated in writing, whether via platform messaging or direct correspondence. If you need to change key terms, send the update in writing and ask the other party to confirm they agree before the stay begins.
Security deposits and payment policies
Handling deposits and payments fairly can help prevent conflicts between hosts and guests. Deposit rules should be clearly defined in the vacation rental agreement from the start.
Security deposit: Hosts may require a security deposit to cover damages. Guests should document the property’s condition upon arrival and departure to avoid disputes.
Refund of deposit: If no damages occur, hosts should return the security deposit within the timeframe stated in the agreement and in line with applicable Florida security deposit laws—often within around 15 days.
Dispute resolution: Guests can contest deposit deductions through the booking platform or directly with the host if unjustified charges arise. If you disagree with a deduction, gather photos, messages, and invoices, then use the platform’s resolution process or seek legal advice for next steps.
Host and guest responsibilities
Maintaining the rental property in good condition is a shared responsibility. These everyday responsibilities reflect legal concepts like providing a habitable property for guests and allowing them “quiet enjoyment” of the space, while they exercise reasonable care.
Host responsibilities:
- Ensure the property complies with local zoning, health, and safety codes
- Provide essential utilities such as water, electricity, and internet
- Keep the property clean and equipped with necessary amenities
- Disclose any known issues or hazards before the rental period
- Respond promptly to urgent maintenance issues that affect safety or habitability
- Meet any posted occupancy and tax requirements
Guest responsibilities:
- Respect house rules: Adhere to occupancy limits, pet policies, and quiet hours
- Maintain cleanliness: Keep the rental property in reasonable condition and avoid damages
- Proper use of amenities: Use appliances, pools, and other facilities responsibly
- Respect neighbors: Avoid excessive noise or disruptive behavior that could lead to complaints
- Report issues promptly: Notify the host quickly about safety or maintenance concerns so they can be addressed
- Follow community rules: Adhere to any HOA or condo rules shared by the host
Host entry and access to the rental
Understanding access rights is essential for both parties.
Host entry: Hosts may enter only for emergency repairs or urgent issues unless otherwise agreed. Guests should be notified in advance if maintenance is required during their stay. Outside of emergencies, hosts should normally give reasonable advance notice before entering and describe their entry policy clearly in the vacation rental agreement.
Smart locks and keyless entry: Many vacation rentals use smart locks or coded entry, enhancing security and ease of access. Use smart locks in a way that respects local privacy rules and platform policies, and change codes between guests. Property managers using Guesty Locks Manager can automate code generation and revocation for each reservation, reducing security risks and manual work.
Consequences of noncompliance
Both hosts and guests have legal remedies if the other party fails to meet their obligations. Remedies will depend on what went wrong, how long the stay is, and which Florida rules apply—so both hosts and guests should keep clear written records.
Guest rights if a host fails to comply:
If a property is not as advertised (e.g., missing amenities, cleanliness issues, safety hazards), guests may request a refund or alternative accommodations through the booking platform or directly with the host. If a serious issue is not resolved, guests may have grounds for early termination of their stay and a refund. For example, if an electrical or structural issue makes the property unsafe and isn’t fixed promptly, guests may have grounds to end the stay early and seek a refund — a situation where legal advice can help.
Host rights if a guest fails to comply:
Hosts can issue warnings or charge fees for excessive cleaning, damages, or violations of house rules. If guests refuse to leave at checkout, hosts may need to follow Florida’s legal eviction procedures, which can vary depending on the length of stay. Hosts should not use “self-help” tactics such as changing locks; instead, follow Florida’s formal eviction procedures where applicable.
Payment policies and overstays
Payment policies: Most vacation rental platforms handle payments in advance, but for direct bookings, hosts should outline late payment policies clearly in the rental agreement.
Overstays and evictions: If a guest overstays their reservation, hosts may need to involve law enforcement or file for formal eviction if the stay exceeds a certain period. For longer stays, guests may gain additional tenant protections under Florida landlord-tenant law, so work with a local attorney before starting an eviction process. The shift from “guest” to “tenant” status can trigger different parts of Chapter 83 of the Florida Statutes.
Legal considerations for vacation rentals
Florida has specific laws and local regulations that impact vacation rental operations.
Short-term rental licensing: Some cities require hosts to obtain a short-term vacation rental permit or DBPR (Florida Department of Business and Professional Regulation) registration for operating short-term rentals. Check with your local city or county offices to confirm requirements.
Tax obligations: Florida requires vacation rental hosts to collect and remit state and local lodging taxes. For example, hosts may need to register with the Florida Department of Revenue and their county tax collector for transient occupancy taxes.
Zoning laws: Some areas restrict short-term rentals or require compliance with HOA rules. Verify that your property’s zoning permits vacation rental activity before listing.
Military service protections
Active-duty service members renting short-term properties have rights under Florida law and federal protections such as the Servicemembers Civil Relief Act (SCRA).
Early lease termination: Service members may terminate rental agreements if deployed or reassigned with proper written notice and documentation of orders.
Legal protections: Hosts cannot penalize military personnel for breaking a lease due to official orders.
Florida landlord-tenant statutes and short-term rentals
Florida’s statutes on landlord-tenant law are divided into three sections:
- Part I: Nonresidential tenancies (ss. 83.001-83.251) — commercial properties and business leases
- Part II: Residential tenancies (ss. 83.40-83.683) — most housing arrangements, including vacation rentals
- Part III: Self-service storage space (ss. 83.801-83.809) — storage unit facilities
Most vacation rentals will fall into the residential tenancies category under Part II, but certain edge cases or longer stays may be treated differently under Florida law. The duration of stay and local regulations can affect which rules apply.
Final thoughts
Understanding the rights and responsibilities of both short-term rental hosts and guests in Florida helps create a positive rental experience and keeps you on the right side of the law.
In Florida, the safest approach is to know the rules, put expectations in writing, and document and communicate clearly when issues arise.
FAQs
It can depend on the length of stay and local rules. Longer stays—often beyond 30 days—may fall under different parts of Florida landlord-tenant law, potentially giving the guest additional tenant protections. Check with a local attorney for guidance on your specific situation.
If a guest refuses to leave after checkout, hosts may need to follow Florida’s formal eviction procedures rather than using self-help tactics like changing locks. The process can vary based on how long the guest has stayed and whether they’ve gained tenant status. Legal advice is recommended for overstay situations.
Florida vacation rental hosts typically must collect and remit state sales tax plus any applicable county or local tourist development taxes (often called transient occupancy taxes). Registration with the Florida Department of Revenue and local tax collectors is usually required.
Permit requirements vary by city and county. Some Florida municipalities require a short-term vacation rental permit, DBPR registration, or both. Contact your local city or county offices to confirm what’s required in your area.
Security deposit terms should be clearly spelled out in your rental agreement. If no damages occur, Florida law generally expects hosts to return deposits within a reasonable timeframe—often around 15 days. Document property condition at check-in and checkout to prevent disputes.
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