Florida Tenant Rights in Short-Term Vacation Rentals

Florida’s popularity for vacation rentals has made short-term arrangements common, but this can raise unique questions for renters about their legal protections and rights. Whether you’re staying for a few weeks or a few months, understanding tenant rights in short-term vacation rentals helps you stay informed and protected under Florida law.

Understanding Short-Term Vacation Rentals in Florida

Short-term vacation rentals are typically rentals of a home, condo, or apartment for periods less than six months. These arrangements may be found on platforms like Airbnb, Vrbo, or arranged directly with the owner. Florida law distinguishes between traditional residential leases and vacation rentals, but both types offer some legal protections to renters.

What Counts as a Short-Term Rental?

• Leases or rental agreements for periods shorter than six months
• Units rented for vacation, leisure, or business trips
• Often subject to different local ordinances than long-term rentals

It’s important to carefully review your agreement to confirm if your rental falls under Florida’s Lodging Establishment Statutes or the Florida Residential Landlord and Tenant Act.

Your Rights as a Short-Term Vacation Renter

Florida law provides some protections for renters, even in short-term arrangements. However, short-term vacation rentals may not offer all the rights found in standard leases. Here’s what you need to know:

• Right to a Safe and Habitable Unit: Property owners must maintain rental units in a safe, clean, and habitable condition, as required by law (Section 83.51, Florida Statutes).
• Security Deposit Protections: If you pay a deposit, it must be handled according to Florida’s deposit laws. For example, the landlord must return your deposit within 15 days after your rental ends, or notify you in writing of any deductions within 30 days (Section 83.49).
• Eviction and Early Removal: Even short-term guests might face removal, but the process can differ from traditional evictions. Municipal rules may guide this, and the Florida State Courts System provides guidance.
• Right to Quiet Enjoyment: You have the right to use and enjoy your rental peacefully, as long as you follow rules in your agreement.
• Written Notice: Owners must provide reasonable notice before entering the unit (at least 12 hours in non-emergencies).

Important Forms for Florida Short-Term Renters

While most official forms are used in long-term residential tenancies, some also protect short-term renters in certain situations:

• Notice to Landlord to Return Security Deposit (Form HSMV 82040):
  This form can be used if your deposit is not returned. For example, after your vacation stay, if you don’t receive your deposit back in 15 days and the landlord hasn’t sent you a notice, you may submit this request. Download it here and mail it to your landlord.
• Complaint with Florida Department of Business and Professional Regulation (DBPR):
  Use this process if the unit is licensed as a public lodging establishment and you have issues with hygiene, safety, or fraud. Visit the DBPR complaint page for lodging for instructions.

Remember to include copies of your rental agreement and receipts when submitting any complaints or requests.

How Are Disputes Handled?

Florida does not have a single tribunal for all short-term rental disputes. However, you can seek help from:

• Florida State Courts System – handles formal eviction and serious conflicts.
• Florida Department of Business and Professional Regulation (DBPR) – investigates issues in licensed vacation rentals, such as health, safety, or licensing violations.

Court proceedings or DBPR actions may require you to submit copies of your rental agreement, correspondence, and evidence of the issue.

Common Issues and Action Steps for Vacation Renters

• Deposit not returned? Send formal notice and, if unresolved, file a complaint using the DBPR form.
• If you face unlawful removal, contact the Florida courts for instructions on how to respond.
• For habitability or cleanliness problems, notify the landlord in writing and take dated photos for your records.

If an issue arises, act quickly and keep detailed documentation.

Frequently Asked Questions

1. Are short-term vacation renters in Florida protected by tenant laws?
   Some protections apply, such as habitability, deposit return, and reasonable notice, but not all rights for traditional leases extend to short-term or vacation stays.
2. How do I get my security deposit back after a short-term rental?
   Florida law requires landlords to return your deposit within 15 days after your stay, or inform you of deductions within 30 days. If this does not happen, you can send a formal notice and file a complaint if needed.
3. Who do I contact if I have a problem with my short-term vacation rental?
   For safety, health, or licensing issues, contact the Florida DBPR. For serious disputes or eviction concerns, seek assistance through the Florida State Courts System.
4. Can I be evicted during my short-term rental period?
   Short-term guests may be removed for rule violations or overstaying, but the owner must follow Florida’s laws for removal of transient occupants or formal eviction procedures if tenancy is established.

Key Takeaways

• Short-term vacation rentals offer some, but not all, tenant protections found in Florida’s landlord-tenant laws.
• Security deposit rules and right to habitability generally apply; always review your rental agreement closely.
• For unresolved issues, contact Florida’s DBPR or the State Courts System for support and guidance.

Need Help? Resources for Renters

• Florida Department of Business and Professional Regulation (DBPR) – Housing complaints, enforcement, licensing.
• Florida State Courts System – Handles formal disputes, eviction matters, and guidance on legal filings.
• Florida Law Help – Free legal resources for renters and tenants.
• Full text: Florida Residential Landlord and Tenant Act
• Lodging Establishment Statutes (Chapter 509)

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1. Florida Residential Landlord and Tenant Act, Chapter 83, Florida Statutes.
2. Florida Statutes, Chapter 509 (Lodging Establishments)
3. Florida State Courts System – Residential Landlord/Tenant Information
4. Florida Department of Business and Professional Regulation
5. Florida Statutes, Chapter 82 (Forcible or Unlawful Entry and Detainer)

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