All Forum Posts by: J-Ryan Stewart

I'm basically saying the city doesn't have the personnel to go after anyone unless there's a complaint, then when they do they're citing a statute that flatly doesn't say 7 days is the minimum unless you ignore (they do) the fact that language only appears once in the code which is in the definition of a hotel in neighborhood limits. 

So they say "technically 7 days is the law" but you don't have to be a lawyer to see they're pencil-whipping an old statute about something else and applying just a select line of that to STR, which was not the intention of that reg. They don't even tell their enforcement employees which statute they're using. It took me three different reps on two trips to the code office just to get someone to show me. They didn't understand my issue with using half a definition.. so there's a lot of brick-walling in those offices. They get memos & act on them; they get complaints & they get guidance on what to do, but they don't want to show us the statute because they know it doesn't say what they want it to say.

Now 7 days is the law in St Pete city limits. Restrictions vary wildly on the St Pete side of the Bay

 I've dealt with Hillsborough County on this issue, I've even gotten legal counsel on it. They're literally redefining all STRs as "hotels" to get that 7-day minimum rule. The problem is they're not using the whole definition, which is "rented for 7 days or fewer *and having 10 or more bedrooms." 

The word "and" is carrying a lot more weight in this definition than they want to acknowledge. The obscure location of this statute is also a reason you get a different answer on STR from everyone in code enforcement.

On paper this reading of the reg is unenforceable but if you have a neighbor problem & the city comes after you using this post hoc application of an old law having nothing to do with STR - someone eventually has to pony up the cash to fight the city. 

Actually it might not be a bad idea to find the STR advocacy group most local to the area or state(s) where you intent to operate. If it's difficult to find, the national VRMA may be a great place to start for an introduction to legal professionals.

Just as with any legal needs, it's best to find attorneys who specialize in exactly what you need. There are lawyers who specialize in STR and often even have a hand in writing local/state regs, the advocacy groups will often be connected to the right pros. 

In FL go to FAVR - Florida Alliance for Vacation Rentals. I sat on the board for a few years, they're a good group that's also plugged directly into the legislative process so you can keep track of the developments in Tallahassee. 

You might be surprised what you could accomplish sourcing much nicer furnishings than Amazon & IKEA. Usually we spend equal or less for sturdier items just through sourcing experience. If you know what you're looking for on Amazon, about $1500 in the right silk plants alone could make this place book out for higher rates all year. 

Make sure your handyman tightens every piece of furniture in that place every couple months or you'll have dozens of bolts working themselves loose. Overall you should only expect these furnishings to last about 18-24 months before reinvesting. Our business is essentially to put residential properties & furnishings to commercial use, so make sure to budget for regular updates or your nightly rates will flounder, especially in shoulder & trough seasons. 

As far as HVAC, get a Nest or similar digital thermo that allows you (or your STR management) to PIN-lock guests from setting it below 68. This will protect the system & keep them from freezing it over & getting their money back from the booking platform for something they did.. If there's even a shadow of a plumbing issue, spend the money on new pipes before taking reservations. These guests will flush everything & you'll just keep dealing w it & losing reservations.

I do believe that 3-day limit is a misreading of the regulation, but since the authorities are the ones interpreting it that way, there's not much we can do! Tampa has a similar 7-day policy that hinges on defining even a guesthouse as a "hotel." Legal advice I've received indicates these wouldn't stand up in court.. but of course nobody wants to have to be that first person to sue a city over their targeting of STR. Best to stay away when identifying properties.

Still good info! It's worth mentioning that outside city limits in the "unincorporated" areas, STR *is allowed in the area people would still call St Pete. There are pockets even in Clearwater that allow it.

Also also, a retaliatory negative review after you charge the guest for damages can be easily removed under Airbnb's policies. Never let a guest hold you hostage over a review. I would've asked for the funds. The person might just shut their profile down to avoid it, Airbnb can't force a charge; but you might be surprised, sometimes people just pay it when they know they're wrong. Just make the paying guest provide their ID to match their credit card from now on so they're scared you'll just charge them (not legal, don't recommend).

Also of course cams (*outdoor only), decibel monitoring devices, red flag policies for reservationists, ID requirements.. there are many mitigation measures that can be taken if you have the infrastructure for it, so parties just stop happening altogether. Lowering your dependence on Airbnb helps too!

I will say this, Airbnb is much more likely to side with you on removing someone from a listing or pursuing damages if you carefully write your House Rules. Not only do you need specific policies against parties & inaccurate guest counts, but it needs to be in writing that violation of these rules will result in IMMEDIATE eviction from the property and/or additional cleaning fees. NO REFUNDS WILL BE APPLIED FOR VIOLATIONS.

The more specific the better, for example: "NO SMOKING - any evidence of smoking will result in a $250 penalty/additional air purification fee" - and actually buy & use an Ozone machine. If your maintenance or housekeeping are technically different companies than your management you can provide a 3rd party receipt before the next check-in. It needs to say you have the right to throw guests out or Airbnb can basically tell you there's nothing they can do *during the party, which is obviously when you need to evict. 

 I'm in the Tampa Bay area. It's a small market but healthy. If you come here I recommend targeting 3BR and up. The market saturation of 2BR homes is extreme. As a matter of fact look at the available homes in whatever area you look at & see what gaps you could fill.

As far as Lakeland, it's pretty limited. Rates are low & inventory isn't impressive. Dev'ing a luxury accommodations market could work but I wouldn't just pop up apartments or small listings. Inflated home prices & rents give STR pretty thin margins in that area, at least for now. Probably not great to get your feet wet. Other locations mentioned like Destin are seen more as vacation destinations. Tampa has a lot more business travel so seasonality is more even.

Hope that helps! 

Very often even cities with strict regulations can only enforce those in certain city limits. Unincorporated areas for example can be free & clear or there can be zoning designations within city limits like multifamily that may allow slightly different applications of the regs. Every city is different & the info isn't super easy to find, but it's out there. 

It takes some digging but you should be able to find a few maps through city resources that can show you where those lines are drawn. Workers in planning, zoning, & permitting offices often have wildly different interpretations of the regs so you'll want to come to them with some researched questions about enforceability.