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Short-Term Rentals

Short-Term Rentals

Due to the increasing popularity of online short-term rental websites such as Airbnb and VRBO, the City of Orlando is experiencing a growing number of homes being rented out in whole or in part for short-term stays. Short-term home rentals are generally defined as the rental of a residential property (house, condominium, room, garage apartment, etc) for periods of less than 30 days.

The City allows short-term rentals in the following situations:

  • Bed & Breakfast – in certain zoning districts (most multi-family residential districts, and non-residential areas), an owner-occupied home or apartment can be rented for lengths of stay ranging from one night to seasonal. Bed & Breakfast businesses must also comply with any state licensing or mandates in order to operate in the City of Orlando.
  • Commercial Dwelling Unit – in certain zoning districts, residential zoning districts excluded, a room or home can be rented for a length of stay between seven and 30 days. This is a typical “seasonal” rental or traditional short-term rental use.
  • Hotel/Motel – stays less than seven days have been considered hotel/motel uses since 1991, and are limited to non-residential zoning districts.

Most short-term rentals are not allowed in the City of Orlando.

With the increased popularity of short-term rentals, City Planning officials have explored changes to the City’s ordinances related to short-term rentals; however, state laws limit the City’s ability to amend our ordinances.

In 2011, the Florida legislature passed new laws preventing local governments from passing new rules for short-term rentals, and further refined this preemptive language in 2014. The statute provides that local rules that existed prior to 2011 are “grandfathered” and are unaffected by the state’s new laws.

FAQ

Can I rent out my entire home as a short-term rental?

Most standard residential zoning districts do not allow for short term rentals.

If your home is located in a non-residential zoning district, or zoning districts where multi-family residential is allowed, you may be able to rent out your home as a Commercial Dwelling Unit for a length of stay between seven and 30 days. A business tax receipt is required from the City’s Permitting Services Division to establish this commercial use.

An accommodation that allows for a stay less than seven days is considered a hotel/motel, which are not allowed in most residential zoning districts.

Can I rent out a room in my home, condo or apartment or a garage apartment as a short-term rental?

If you occupy your home or apartment full-time, and your residence is located in a multi-family zoning district, you could apply to make your residence a Bed & Breakfast for lengths of stay ranging from one night to seasonal. The residence is required to be owner-occupied and sometimes requires a Conditional Use Permit from the City Planning Division.

An accommodation that allows for any stay less than seven days that is not a Bed & Breakfast is considered a hotel/motel. These are not allowed in most residential zoning districts.

I thought Orange County is collecting Tourist Development Taxes on short-term rentals. Doesn’t that mean short-term rentals are allowed in Orange County?

The Orange County Comptroller has negotiated an agreement to have Tourist Development Taxes remitted on Airbnb rentals. This does not allow for the operation of Airbnb rentals in all areas of Orange County. In fact, Orange County’s zoning and short term rental ordinances only allow for short-term rentals in approximately 4% of the county.

What should I do if my neighbor is renting out his or her residence, or part of his or her residence, and I have complaints?

The City is currently enforcing the illegal use of short-term rentals on a complaint basis. Complaints from residents about short term rentals have included: too many vehicles at the residence, noise and garbage impacts, and their dissatisfaction for having people coming and going often. If you have a complaint about your neighbor’s short-term rental operations, please contact the City’s Code Enforcement Division at 407.246.2686 or cityoforlando.net/code-enforcement.

Can my Homeowner’s Association regulate my ability to rent my home on a short-term basis?

If your residence is within a homeowners association (HOA), you should check whether there are further limitations on the use of the property through their particular HOA’s private Codes, Covenants and Restrictions (CC&Rs).  The City does not enforce these contractual obligations of a HOA, but it is common that most homeowner associations require minimum rental periods of six months or greater.

More information:

If you have additional questions about short-term rentals, please call the City Planning Division at 407.246.2269 and ask for the Planner on Call, or e-mail them at cityplanning@cityoforlando.net.

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