Florida - Mid-Term Rental Question

[Joseph Beilke]

We have a mid-term rental we are getting ready to list in St. Augustine, Florida, minimum rental will be 30 days.  My question is are we required to get a license through the Florida DBPR as a "transient public lodging establishment"?  From the documents I have found that is not needed because the rental will be 30 days or longer however there is some verbiage in there that says "held out to the public as a place regularly rented to guests" it could be required.  We know about all the taxes we are subject to just unsure if we need to apply for the transient rental license.

Any help or insight is appreciate.

Thanks!

[Account Closed]

Hello,

I am not giving you legal advice (disclaimer), as I am not an expert, but .... The mid-term rental can be tricky, because although it is 30 days or more, it is your intention that it should not be a residential sitution. In other words, your "guests" will not live there, they are just visiting. Therefore, I would follow all of the requirements and guidelines for a short-term rental, and get a vacation house lincense. 

I have a short-term rental in Flordia, that I rent for mid-term periods also. I live in an ADU on the property, so I am exempt from needing a license. But I want all the protection of transient, Innkeeper laws, not being mistaken for a long term rental. Therefore, I do not allow guest to receive mail at my property (even mid-term guest), and I do not allow guests to establish residency. If a guest did establish residencies, aside for the difficulty in evicting them, the Fair Houseing Act would also apply to them giving them even more protections under the law. For example, you would have to allow emotional support animals. For "transient", short term rentals, the Fair Houseing Act does not apply.

Establishing residency in Florida can be a gray area too. There are a list of things taken into consideration. The length of stay is one, but only one. The intention of the parties is only one too. Using the address on ID, reigstering vehicle, kids in school, voters registration, etc. are other, which is why no mail at my place. Therefore, you would not able to say that the guest is transient and not a resident, if you did not register yourself as a short-term property.

So should think of yourself as a having a short-term rental that has a minimum stay of 30 nights, and do everything you are supposed to for a short term rental.