Whether you need a license to rent your house in Florida comes down to how long your guests stay. Rent to guests for periods shorter than 30 days, and you need a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). Sign a lease of 30 days or longer and don’t advertise shorter stays, and no state license is required. Either path still carries tax registrations, local permits, and federal rules you can’t skip.
When Florida Requires a Vacation Rental License
Your house becomes a “transient public lodging establishment” under Florida law if you rent it more than three times in a calendar year for periods shorter than 30 consecutive days or one calendar month, whichever is less.1The Florida Legislature. Florida Code 509.013 – Definitions Advertising the property as available for short stays can trigger the classification on its own, even before you’ve rented it three times. Single-family homes, duplexes, triplexes, and four-unit dwellings all fall within the scope when used this way.2The Florida Legislature. Florida Code 509.242 – Public Lodging Establishments, Classifications
DBPR’s Division of Hotels and Restaurants licenses these properties and inspects them for fire safety and sanitation, including working smoke detectors in every living unit.3MyFloridaLicense.com. Hotels and Restaurants – Guide to Vacation Rentals and Timeshare Projects Operating without the license exposes you to administrative fines, suspension, and misdemeanor charges under Section 509.261.4The Florida Legislature. Florida Code 509.261 – Revocation or Suspension of Licenses, Fines Listing through Airbnb or Vrbo does not substitute for licensing.
When No State License Is Needed
Rent your house under a lease of at least 30 consecutive days and don’t advertise shorter stays, and you fall outside DBPR’s licensing scheme. The statute explicitly excludes individually owned properties with four or fewer units in a single complex that are rented for at least 30 days and not marketed for shorter periods.1The Florida Legislature. Florida Code 509.013 – Definitions These arrangements are governed instead by the Florida Residential Landlord and Tenant Act in Chapter 83, which covers lease terms, habitability, and security deposits.5Justia Case Law. Florida Statutes Title VI, Chapter 83 – Landlord and Tenant
No state license does not mean no obligations. Long-term landlords still face security deposit rules, local business tax requirements, fair housing law, and federal tax reporting.
How to Apply for the Vacation Rental License
The form is DBPR HR-7028, “Application for Vacation Rental or Timeshare Project License.”6MyFloridaLicense.com. DBPR HR-7028, Application for Vacation Rental or Timeshare Project License It asks for the full legal name of the owner or entity on title, a valid email and phone number, and tax identification in the form of either a Federal Employer Identification Number or a Social Security number. If you’re setting up an LLC for the rental, register the entity with the state before applying for an EIN through the IRS.7Internal Revenue Service. Employer Identification Number You’ll also need a sales tax registration number from the Florida Department of Revenue and a signed affidavit confirming the property meets fire safety and sanitation standards.
The online DBPR portal is the fastest route: create an account, upload the completed form, and pay by card. Mailing the form with a check works too, but processing is slower, and an incomplete package gets returned.
Fees and Renewal
A single-unit vacation rental license costs $170 for a full year. New applications and ownership changes add a $50 application fee, so the initial cost is $220.8MyFloridaLicense.com. Hotels and Restaurants – Lodging Fees A half-year license, if you apply mid-year, runs $90 plus the $50 application fee. Licenses must be renewed annually. Once approved, the license is issued electronically and should be printed and posted inside the rental property as required by law.
Sales Tax, Tourist Tax, and Local Registration
Florida imposes a 6% state sales tax on rental charges for any living accommodation rented for six months or less, and your county may add a discretionary surtax on top of that.9Florida Department of Revenue. Sales and Use Tax on Rental of Living or Sleeping Accommodations You register with the Florida Department of Revenue, collect the tax from guests, and remit it monthly, quarterly, or semiannually depending on volume.
Rentals under a written lease exceeding six months are exempt from sales tax. Watch the trap: if you rent to a tenant without a written lease, the Department of Revenue expects you to collect sales tax for the first six months. The exemption only kicks in once the same tenant has stayed beyond six continuous months. A signed lease for the full term from day one avoids the issue.
Short-term rental owners also owe a county-level tourist development tax on stays of six months or less. Rates vary by county, typically falling between 2% and 6% of total rental charges. You register with the local tax collector’s office, which assigns an account and a remittance schedule. Delinquent tourist tax accounts accrue penalties and interest quickly.
Most counties and municipalities also require a local business tax receipt (sometimes still called an occupational license) before you can legally operate. Annual costs range from a few dollars to around $200 depending on the jurisdiction.
What Local Governments Can Still Require
Florida passed SB 280 in 2024, which prohibits local governments from banning vacation rentals outright or regulating how often or how long you rent your property.10LegiScan. Bill Text FL S0280 2024 Regular Session Enrolled Localities can still require vacation rental registration under a local program, fine you for failing to register, enforce rules on noise, trash, parking, and occupancy, and keep zoning adopted on or before June 1, 2011. If your house is in an HOA community, check the covenants separately. HOA restrictions on short-term rentals are not touched by the state preemption.
The Homestead Exemption Risk
If the house is your primary residence and you claim Florida’s homestead property tax exemption, renting it can cost you that exemption. The Florida Department of Revenue allows one narrow exception: you can rent the property for up to 30 days per calendar year for two consecutive years without losing the exemption.11Florida Department of Revenue. Can I Rent My Home to a Tenant and Keep the Homestead Exemption Go beyond that and your property tax bill can jump substantially. For many Florida homeowners the exemption is worth thousands a year, so run the numbers before you list.
Insurance Gaps
Standard homeowners policies typically exclude business activities on the property, and renting to paying guests qualifies. If a guest is injured, starts a fire, or steals from you, your homeowner’s policy may deny the claim. A specialized vacation rental policy or a commercial landlord policy covers guest injuries, guest-caused property damage, and loss of rental income. Booking platforms sometimes offer limited host protection programs, but these carry coverage caps and exclusions that leave real gaps. Speak with an agent who handles rental properties before your first guest arrives.
Rules That Apply Once You’re Renting
Security Deposits on Long-Term Rentals
Florida does not cap the deposit amount, but Section 83.49 is strict about how you hold it.12Florida Senate. Florida Statutes Chapter 83 Section 49 – Deposit Money or Advance Rent You can hold the deposit in a separate non-interest-bearing Florida bank account (never commingled with your own funds), in a separate interest-bearing account where you pay the tenant at least 75% of the annualized average interest rate or 5% simple interest per year, or you can post a surety bond with the circuit court clerk.
Within 30 days of receiving the deposit, give the tenant written notice of where and how you’re holding it. When the lease ends, return the full deposit within 15 days if you’re making no deductions. If you intend to keep any portion for damages beyond normal wear and tear, send written notice by certified mail within 30 days itemizing the deductions. Miss that 30-day window and you forfeit any claim against the deposit.
Fair Housing
The federal Fair Housing Act applies to nearly every residential rental, short-term or long. You cannot refuse to rent, set different terms, or advertise preferences based on race, color, religion, sex, national origin, familial status, or disability.13eCFR. Part 100 – Discriminatory Conduct Under the Fair Housing Act Assistance animals cause the most confusion. Under HUD guidelines, you must allow a tenant or guest with a disability to keep an assistance animal, including an emotional support animal, even if you have a no-pets policy, and you cannot charge a pet deposit or fee for the animal.14U.S. Department of Housing and Urban Development. Assistance Animals Denial is possible only in narrow circumstances, such as when the specific animal poses a direct threat that no other accommodation could resolve.
Lead-Based Paint Disclosure
If your house was built before 1978, federal law requires you to give tenants the EPA pamphlet “Protect Your Family from Lead in Your Home,” disclose any known lead paint or hazards, and share any existing reports before the lease is signed. Both parties sign a lead warning statement, and you keep a copy of the disclosures for at least three years after the lease begins.15U.S. Environmental Protection Agency. Lead-Based Paint Disclosure Rule Fact Sheet Short-term vacation rentals with stays of 100 days or less are exempt. The rule does not require testing or removal, only sharing what you already know.
Federal Income Tax
Rental income is federally taxable, and most landlords report it on Schedule E of Form 1040 along with deductible expenses like mortgage interest, property taxes, insurance, repairs, cleaning, advertising, and property management fees.16Internal Revenue Service. Publication 527, Residential Rental Property A few rules catch new landlords off guard. Advance rent is income in the year you receive it, not the year it applies to. Security deposits are not income when received, only if and when you keep part of them. And if you use the property as your personal residence and rent it for fewer than 15 days during the year, you don’t report any of the rental income, but you also can’t deduct any rental expenses.17Internal Revenue Service. Topic No 415, Renting Residential and Vacation Property Providing substantial services beyond basic lodging, like regular maid service or meals, can push the income onto Schedule C and trigger self-employment tax.