Surfside Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Surfside, Florida?

Short-term rentals through platforms like Airbnb and VRBO have become increasingly popular in Surfside, Florida. However, the town has implemented various regulations to ensure these rentals are operated responsibly and don't negatively impact the community. Here's an overview of the key rules for short-term rentals in Surfside.

Starting a Short-Term Rental Business in Surfside

To legally operate a short-term rental in Surfside, property owners must:

• Register with the town and obtain a Short-Term Rental Registration for each rental period. Registrations are limited to no more than three within a 12-month period.
• Obtain a Business Tax Receipt (BTR) Certificate from the town.
• Obtain a Resort Tax Certificate and collect the 4% resort tax from guests, submitting it to the town. Airbnb collects and remits this tax on behalf of hosts as of March 1, 2017.
• Ensure the property meets all building codes, fire safety, and property standards requirements.

Some key requirements include:

1. Limiting occupancy to 2 people per bedroom plus 2 additional guests, with a maximum of 10 guests total
2. Providing sufficient parking for guests without impacting neighbors
3. Restricting noise and nuisances, especially during overnight hours
4. Properly managing garbage and recycling

Failure to comply with these requirements can result in fines and penalties from the town. The town takes a relatively hands-off approach to enforcement unless issues arise, but hosts are expected to operate responsibly.

As one Airbnb host shared on Reddit:

"I've been running an Airbnb in Surfside for over a year now without any major issues from the town. As long as you're not causing disturbances or violating occupancy limits, they seem to take a live-and-let-live approach. But definitely register and follow the rules."

By complying with Surfside's short-term rental regulations and being a good neighbor, hosts can successfully operate vacation rentals in this attractive beachfront community. The town aims to balance the benefits of tourism with maintaining residents' quality of life.

Short-Term Rental Licensing Requirement in Surfside

To legally launch and operate a short-term rental in Surfside, property owners must register with the town and obtain a Short-Term Rental Registration for each rental period. No more than three registrations may be issued within a 12-month period.

It is illegal to allow guests to occupy a residence or provide rental services within Surfside unless the property owner has registered with the town. Failure to comply with these requirements can result in fines and penalties.

The registration process ensures that short-term rentals meet all building codes, fire safety, and property standards requirements. It also helps the town monitor the impact of short-term rentals on the community and enforce necessary regulations.

Required Documents for Surfside Short-Term Rentals

When applying for a Short-Term Rental Registration in Surfside, property owners must submit the following documents and information:

1. Completed Short-Term Rental Registration Form, including:
   - Address and unit number of the property being rented
   - Property owner's name, mailing address, phone number, and email
   - Name and 24-hour phone number of emergency contact or rental agent
   - Names of seasonal renters and rental period dates
   - Total amount charged for the rental period and resort tax due (4% of rental amount)
2. Proof of ownership for the rental property
3. Payment of the $100 registration fee (due at the time of form submission)
4. Acknowledgment of the town's Short-Term Rental Sanitation, Safety, and General Rental Standards
5. Affirmation that all vehicles will be parked in the rental property's driveway, clear of grassy areas and sidewalks
6. Agreement to abide by the town's noise ordinance and garbage collection rules
7. Understanding that the property owner is responsible for any code violations arising from the rental, including sub-lease agreements

The Short-Term Rental Registration is non-transferable and valid only for the rental period specified in the application. Property owners must also obtain a Business Tax Receipt Certificate from the town and collect the 4% resort tax from guests.

By submitting these required documents and agreeing to the town's rental standards, property owners can legally operate short-term rentals in Surfside. The registration process helps ensure the safety and quality of vacation rentals while minimizing negative impacts on the surrounding community.

Surfside Short-Term Rental Taxes

In addition to obtaining the required Short-Term Rental Registration from the town, Surfside short-term rental operators must also comply with state and local tax obligations.

At the state level, Florida charges a 6% sales tax on all transient rentals less than six months in duration. This tax must be collected from guests and remitted to the Florida Department of Revenue.

Surfside also imposes its own 4% resort tax on short-term rentals, which is separate from the state sales tax. As of March 1, 2017, Airbnb collects and remits this resort tax on behalf of its Surfside hosts through a voluntary collection agreement with the town. For other platforms or direct bookings, hosts are responsible for registering with the town, collecting the 4% tax from guests, and submitting regular tax returns.

Failure to comply with these tax requirements can result in penalties and interest charges. Hosts should maintain detailed records of their rental income and tax payments in case of an audit.

It's important to note that while Airbnb may collect and remit some taxes on behalf of hosts, the ultimate responsibility for compliance lies with the individual short-term rental operator. Consulting with a tax professional can help ensure all obligations are being met.

Florida Wide Short-Term Rental Rules

In addition to local regulations in towns like Surfside, there are also some statewide rules that apply to all short-term rentals in Florida. These include:

1. Licensing: If a property is rented for periods of less than 30 days more than three times per year, the owner must obtain a Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR). This involves an initial inspection and annual renewals.
2. Occupancy Limits: A 2023 state law (SB 714) caps occupancy at vacation rentals to two persons per bedroom plus two additional persons per property. Children under 6 are not counted toward the limit. Local governments cannot impose more restrictive caps.
3. Minimum Stays: While some local governments previously had minimum stay requirements for STRs, a 2011 state law prohibits such restrictions. However, HOAs and condo associations can still impose minimum stays.
4. Parking: The 2023 state law also prohibits local governments from requiring STRs to have more onsite parking spaces than residential properties. But again, HOAs and condo associations can set their own parking rules.
5. Advertising: All advertising for vacation rentals must include the DBPR license number and the local business tax receipt number, if applicable. Fines of up to $1,000 per day can be imposed for non-compliance.
6. Sexual Offenders: STR owners are required to perform a background check on all guests to ensure they are not sexual offenders or predators. Fines of up to $5,000 can be imposed for renting to such individuals.

These statewide rules provide a baseline, but it's crucial for STR operators to also understand their local city and county regulations, as well as any HOA or condo association restrictions that may apply. Navigating the full scope of short-term rental compliance in Florida requires diligent research and attention to detail.

Does Surfside Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on platforms like Reddit and Bigger Pockets, Surfside appears to take a relatively balanced approach to enforcing short-term rental regulations. While the town has established rules around registration, resort taxes, occupancy limits, parking, and noise, the actual enforcement seems to be complaint-driven rather than proactive.

Many hosts report operating STRs in Surfside without major issues as long as they follow the core requirements and avoid causing disturbances. One host on Reddit shared: "I've been running an Airbnb in Surfside for over a year. As long as you register, pay the resort tax, and don't allow parties or excess noise, the town mostly leaves you alone. They're not out there actively hunting for rule-breakers."

Compared to some Florida cities like Miami Beach that have cracked down hard on STRs, Surfside is generally seen as more Airbnb-friendly. The registration process is straightforward, and the town hasn't imposed overly restrictive zoning or night limits. A Bigger Pockets member commented: "Surfside is a solid market for vacation rentals. The regulations are reasonable, and the demand is strong, especially in peak season."

However, this doesn't mean STR operators in Surfside can completely ignore the rules. The town will take enforcement action if properties are unregistered, taxes aren't paid, or serious complaints arise. An investor on Bigger Pockets cautioned: "Surfside may be lax compared to some towns, but you still need to do things by the book. Register, pay your taxes, screen guests, and be a good neighbor. If you cause major headaches, they will drop the hammer."

So, in summary, while Surfside may not proactively police every minor STR violation, the town does expect hosts to follow the established rules. Many operators have found success in this market by being compliant and conscientious. Surfside seems to have struck a middle ground - allowing STRs to thrive while still maintaining oversight and quality of life for residents. But blatantly flouting the regulations is still risky and could prompt the town to tighten its approach.

How to Start a Short-Term Rental Business in Surfside

If you're considering starting a short-term rental business in Surfside, here are the key steps to follow:

1. Research the local market and regulations:
   - Familiarize yourself with Surfside's short-term rental ordinance, registration requirements, and zoning rules.
   - Understand the state-level regulations that apply, such as the DBPR licensing and occupancy limits.
   - Assess the demand for vacation rentals in Surfside and identify your target guest demographics.
2. Choose the right property:
   - Evaluate the location, size, amenities, and condition of potential rental properties.
   - Consider factors like proximity to the beach, neighborhood character, and HOA rules.
   - Analyze the potential rental income and occupancy rates for comparable properties in the area.
3. Register your short-term rental with the town:
   - Submit a completed Short-Term Rental Registration Form to the town for each rental period.
   - Provide proof of ownership, emergency contact information, and guest details.
   - Pay the $100 registration fee and acknowledge the town's rental standards.
4. Obtain necessary licenses and certificates:
   - Apply for a Business Tax Receipt Certificate from the town.
   - Obtain a Resort Tax Certificate and set up a process to collect and remit the 4% resort tax.
   - If renting for periods of less than 30 days more than three times per year, obtain a Vacation Rental Dwelling License from the Florida DBPR.
5. Prepare your property for guests:
   - Make any necessary repairs, upgrades, or renovations to ensure the property is safe, attractive, and functional.
   - Furnish and decorate the space to create a welcoming atmosphere that aligns with your target market.
   - Stock the rental with essential amenities, supplies, and safety equipment.
6. Establish your business operations:
   - Choose an appropriate business structure, such as a sole proprietorship or LLC.
   - Open a separate bank account for your rental business to manage finances.
   - Obtain appropriate insurance coverage, including property and liability protection.
7. Create your listing and marketing strategy:
   - List your property on popular vacation rental platforms like Airbnb and VRBO.
   - Develop compelling listing descriptions and high-quality photos that showcase your property's best features.
   - Set competitive nightly rates based on market research and your revenue goals.
8. Develop a guest management system:
   - Establish clear check-in and check-out procedures, including key exchange and house rules.
   - Create a welcome book with property information, local recommendations, and emergency contacts.
   - Hire a reliable cleaning service or develop a thorough cleaning checklist to prepare for each new guest.
9. Comply with ongoing regulations and taxes:
   - Collect and remit the appropriate state and local taxes on your rental income.
   - Renew your town registration and DBPR license as required.
   - Maintain accurate records of all rental transactions, expenses, and tax payments.
10. Be a responsible host and neighbor:
    - Communicate promptly and professionally with guests before, during, and after their stay.
    - Address any guest concerns or maintenance issues in a timely manner.
    - Ensure your guests follow all rules regarding noise, parking, occupancy, and trash disposal.

By following these steps and operating your short-term rental responsibly, you can build a successful and sustainable business in Surfside. While the town's regulations are relatively straightforward, it's important to stay compliant and maintain positive relationships with guests, neighbors, and local authorities. With diligence and care, you can thrive in this popular beachfront vacation rental market.

Who to Contact in Surfside about Short-Term Rental Regulations and Zoning?

If you have questions about short-term rental regulations and zoning in Surfside, the best place to start is by contacting the Town of Surfside's Planning Department. They can provide guidance on the current rules, registration requirements, and any potential changes being considered.

Contact information:

Planning Department
Town of Surfside
9293 Harding Avenue
Surfside, FL 33154
Phone: 305-861-4863
Fax: 305-861-1302

You can also reach out to the Town Planner directly to schedule a pre-application meeting before submitting your short-term rental registration. This meeting is highly recommended to ensure your property is zoning compliant and to discuss any specific questions you may have.

To schedule a meeting with the Town Planner or for other planning and zoning inquiries, use the following contact information:

Town Planner
Planning Department
Town of Surfside
9293 Harding Avenue
Surfside, FL 33154
Phone: 305-861-4863

The Planning Department plays a key role in shaping the look and feel of Surfside's streets, buildings, houses, and businesses. They advise the Town Commission on planning and zoning decisions and conduct studies as needed. The department also handles the review of all structures and site plans to be constructed or renovated within the town limits.

By reaching out to the Planning Department and Town Planner, you can get the most up-to-date and accurate information on short-term rental regulations and zoning requirements in Surfside. They are available to guide you through the registration process and answer any questions you may have to ensure your rental property is fully compliant.

What Do Airbnb Hosts in Surfside on Reddit and Bigger Pockets Think about Local Regulations?

Based on discussions among Airbnb hosts on platforms like Reddit and Bigger Pockets, opinions about Surfside's short-term rental regulations seem to be mixed. Some hosts appreciate the town's efforts to balance the benefits of tourism with the quality of life for residents, while others find the rules overly restrictive. Here are a few key takeaways:

Concerns about the Surfside building collapse and new condo regulations:

In the wake of the tragic Champlain Towers South collapse in 2021, some Redditors expressed hesitation about investing in older condos in the Surfside area. The disaster raised questions about building safety and maintenance.

Subsequent state regulations requiring condos to fund reserves studies and make repairs have led to steep increases in HOA fees, making some properties less attractive for STRs. One Bigger Pockets user noted Surfside has been particularly impacted.

Frustrations with the registration process and occupancy limits:

Several hosts on Reddit have complained about the hassle of registering their properties for each rental period, with a cap of 3 registrations per year. They feel this limits their ability to maximize bookings.

The occupancy limit of 2 people per bedroom plus 2 additional guests is also a point of contention. Some argue this unfairly restricts larger properties that could safely accommodate more guests.

Appreciation for Surfside's measured approach compared to other cities:

Despite the regulations, many hosts on Bigger Pockets still view Surfside as a desirable market compared to cities with more draconian STR crackdowns. The registration process, while cumbersome, is still manageable.

One host shared: "Surfside isn't perfect, but at least they're not trying to ban STRs outright like some places. The rules are workable if you plan ahead and price your stays accordingly."

Importance of due diligence and playing by the rules:

Experienced hosts on both platforms stress the need to thoroughly research local regulations before investing in an STR property. Failing to register or comply with occupancy and parking rules can lead to fines and headaches.

A Bigger Pockets member advised: "Surfside's rules aren't that hard to follow if you do your homework upfront. Don't try to skirt the system, or you'll pay for it later. Work with the town, not against them."

Overall, while Surfside's STR regulations present some challenges, most hosts seem to accept them as part of doing business in the community. The general consensus is that the town's approach, while imperfect, still allows for a viable short-term rental market. Successful hosts are proactive about compliance and factor the costs of registration and lower occupancy into their business models. But as always, the regulatory landscape can shift, so vigilance is key.

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.