Florida Rules for Airbnb Sublets and Short-Term Rentals

If you’re renting in Florida and considering hosting guests through Airbnb or another short-term rental platform, it’s crucial to understand the laws that apply. Florida has specific rules about subletting and short-term rentals, and violating them could put your lease—and even your housing—at risk. This guide explains your obligations and options under current Florida law and provides links to official government resources.

Florida Law on Subletting and Short-Term Rentals

In Florida, whether you can sublet your apartment or rent it short-term (such as via Airbnb) depends on your lease agreement and some state and local laws. Subletting is not automatically allowed for tenants, so it’s essential to review your lease terms.

• Most leases explicitly prohibit subletting or require your landlord’s written permission before you sublet or offer a short-term rental.
• Florida statutes do not grant renters an automatic right to sublet or host short-term guests. Landlords can deny permission for any reason not protected by law.
• Some counties and cities in Florida have their own regulations for short-term rentals, including licensing and occupancy limits. Always check local rules.

Violating your lease’s subletting or Airbnb ban could result in eviction proceedings. Your landlord is not required to give you a chance to "fix" an illegal short-term rental before starting an eviction, especially if your lease is clear.

Relevant Florida Tenancy Legislation

The main law governing landlord-tenant relationships in Florida is the Florida Residential Landlord and Tenant Act (Chapter 83, Part II)^[1]. This law covers leases, evictions, and some tenant rights, but it does not directly address Airbnbs or subletting. Most issues come down to the lease agreement.

Required Steps and Forms for Legal Subletting

If your lease allows subletting—or if you have your landlord’s consent—take these steps to protect yourself and meet legal requirements:

• Obtain your landlord’s written permission. A simple signed letter stating the landlord agrees to the sublease is usually sufficient. There is no official Florida state “Sublet Permission Form,” but putting it in writing is crucial.
• If local rules require a license or registration for short-term rentals, follow the steps on the Florida Department of Business and Professional Regulation (DBPR) Short-Term Rentals page. The key form to start the registration process is the DBPR HR-7027 Application for Vacation Rental License.
• Review any HOA or condo association rules, as they may prohibit or restrict Airbnb and similar platforms even if your landlord consents.

Example: If your landlord agrees to let you sublet your apartment short-term, you may need to submit the DBPR HR-7027 Application for Vacation Rental License to the state before listing on Airbnb.

What If a Landlord Discovers an Unauthorized Airbnb Sublet?

If a landlord discovers that you’ve listed your unit on Airbnb in violation of your lease, they may issue a written notice to terminate your lease or begin the eviction process. Florida law allows landlords to end a tenancy for material lease violations, which includes unauthorized subletting or short-term rentals.

The typical process involves:

• Written notice to the tenant describing the violation (often a 7-Day Notice of Noncompliance, form for reference)
• If you do not stop the violation or if it is deemed serious, the landlord may file for eviction with the court

If you receive this notice, act quickly to address the issue, seek mediation, or respond through Florida’s landlord-tenant dispute process.

Local and County Registrations for Short-Term Rentals

Beyond state law, many cities and counties in Florida have adopted their own short-term rental ordinances. For example, Miami-Dade, Orlando, and Tampa all have local requirements for operating an Airbnb, including permits, inspections, and taxes.

• Check your local city or county housing department website for rules on Airbnb and vacation rentals.
• Non-compliance could include fines or additional penalties beyond eviction risks.

Which Tribunal Handles Rental Disputes in Florida?

In Florida, rental disputes are typically resolved in county courts. There is no dedicated rental tribunal. For legal information, forms, and filing instructions, visit the Florida State Courts Landlord-Tenant Self-Help Center.^[2]

Summary

Understanding both state law and your lease is the best way to protect your rights and avoid trouble if you’re thinking about Airbnb or other short-term rentals in Florida.

Frequently Asked Questions

1. Can I use Airbnb to sublet my Florida apartment if my lease doesn't mention it?
   If your lease is silent about subletting or short-term rentals, you should get your landlord’s written permission before proceeding. Florida law does not give tenants an automatic right to sublet or use Airbnb.
2. Does Florida require a special license for short-term rentals?
   Yes, most Airbnb or short-term rentals require a license from the Department of Business and Professional Regulation (DBPR). Local regulations may also apply.
3. What happens if my landlord finds out I’m hosting on Airbnb without approval?
   The landlord may issue a written notice and begin eviction for violating your lease. You may not get a chance to remedy the situation, especially if your lease has a clear prohibition.
4. Where can I get official forms for short-term rental licensing?
   You can download the DBPR HR-7027 Application for Vacation Rental License on the Florida DBPR site.
5. How do I challenge an eviction related to Airbnb hosting?
   You can respond to the eviction notice through the county court. Visit the Florida Courts' landlord-tenant resource page for instructions and forms.

Key Takeaways for Renters

• Always check your lease and get landlord approval in writing for sublets or Airbnb hosting.
• Most Florida cities require registration and licensing for short-term rentals.
• Unauthorized Airbnb subletting can result in eviction or legal penalties.

Review relevant laws, speak with your landlord, and seek legal help if you face eviction or notices over a short-term rental.

Need Help? Resources for Renters

• Florida DBPR Short-Term Rentals Guide – Official rules and application forms
• Florida Courts Landlord-Tenant Self-Help – Eviction, notice, and response forms
• Florida Justice Institute Renters’ Rights – Advocacy and information
• Check with your local city or county housing authority for local Airbnb and rental rules

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1. Florida Residential Landlord and Tenant Act – Chapter 83, Part II
2. Florida State Courts – Landlord-Tenant Information

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