Essential Information on Short-Term Property Rental in Fort Lauderdale – Zoning, Planning, and Land Use Legal Blogs Posted by Brandon F. Loshak
Short-term real estate rentals have always been popular in South Florida’s vacation hotspots. But since the advent of websites and apps that make them available to national and international audiences, that popularity has skyrocketed. And it hasn’t gone unnoticed – especially in Fort Lauderdale, where a local ordinance was specifically enacted to “mitigate the effects of short-term vacation rentals with the goal of making them safer and more compatible with existing neighborhoods.” “.
Here’s what you need to know if you currently own property in Fort Lauderdale that you want to list on sites such as Airbnb or Vrbo, or if you want to purchase property for short-term rental/vacation rental in the Fort Lauderdale area. Lauderdale.
Fort Lauderdale Short-Term Vacation Rental Ordinance: The Backstory
The city’s current ordinance stems from a failed attempt to ban the use of single-family homes as short-term vacation rentals in 2010. In this particular case, a special magistrate determined that a homeowner who used their residence single family as a short-term vacation rental violated city codes by doing so. The owner then appealed the decision to the 17th Judicial District.
On appeal, the judge determined that:
The city had no ordinances regulating these rentals.
He could not prohibit the activity in question based on existing zoning rules that generally prohibited commercial activity in residential neighborhoods.
It turned out that Florida Statutes Section 509.032(7)(b) proved to be a major hurdle for the city in this case. In effect, this particular rule prevents a city from creating new rules or enforcing any existing local law, ordinance, or regulation prohibiting vacation rentals or reducing the length or frequency of vacation rentals.
Fortunately, however, Section 509.032(7) of Florida law allows a local government to regulate vacation rentals. This paved the way for the City of Fort Lauderdale’s adoption of Article X, Chapter 15 of the Ordinance in August 2015.
As passed, the Fort Lauderdale ordinance includes conditions to:
Mitigating the negative effects of short-term vacation rentals
Promote safe short-term vacation rentals
Improve property values
Ensure that the inclusion of short-term vacation rentals contributes to greater neighborhood cohesion
It also aims to balance private property rights and short-term vacation rentals with other considerations through responsible development and regulatory criteria.
Requirements for Certificates of Conformity
Before a Fort Lauderdale home listed as a vacation rental can be occupied as such, its owner must now obtain a certificate of compliance. The basic requirements to get one are:
Submission of a duly completed application for registration;
Payment of registration fees paid to the City of Fort Lauderdale;
City and county business tax receipts;
A certificate of registration issued by the Florida Department of Revenue for the purpose of collecting and remitting taxes, sales surcharges, and transitional rental taxes;
A Transient Public Lodging Facility License issued by the Florida Department of Business and Professional Regulation;
An affidavit as proof of compliance with the City of Fort Lauderdale Vacation Rental Standards (set forth in Section 15-278) and all local, state, and federal laws, regulations, and standards; and
The vacation rental agreement that will be used to rent the vacation rental property.
Owners wishing to obtain Certificates of Compliance must also provide the name and contact details of a person who will be available 24 hours a day, seven days a week to deal with complaints and emergencies while the property is in use as a vacation rental.
The Cost of Using a Home as a Vacation Rental in Fort Lauderdale
The Department of Sustainable Development’s Community Improvement and Compliance Division administers and enforces the city’s vacation rental registration program.
Accordingly, he is responsible for ensuring that vacation rental owners have no outstanding license or tax liability. It also ensures that all vacation rental properties meet the minimum accommodation and life safety standards set out in the order detailed above. Finally, it collects the following fees associated with the program. These include: a $350 vacation rental registration fee that covers the first two inspections (for a maximum of 4 units under one roof); a $160 registration fee for renewing a non-owner occupied vacation rental; and an $80 owner-occupied vacation rental renewal registration fee. You can find a full list of fees here.
The bottom line
So far, we’ve addressed concerns that largely relate to current homeowners/owners who might be interested in listing their home in Fort Lauderdale as a vacation rental to earn some extra cash. But what if you plan to buy a house in Fort Lauderdale and list it as a vacation rental as a real estate investment? Obviously, the city’s climate, location, proximity to world-renowned tourist attractions make it an intriguing possibility.
However, you must be prepared to spend at least $300,000.00 to $500,000.00 to acquire a desirable property. Second, you will need a business license. You should also know that inspections of these properties are mandatory. Finally, be aware that short-term rentals here are taxable.
In any case, it is essential to seek legal advice from a qualified South Florida business and/or real estate attorney upfront. Contact Eskander Loshak at (954) 334-1122 to learn more about how we can help you find the right property AND meet all legal requirements for a Fort Lauderdale vacation rental today.
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