Tallahassee Short Term Rental Regulation: A Guide For Airbnb Hosts

What are short term rental (Airbnb, VRBO) regulations in Tallahassee, Florida?

Short-term rental regulations in Tallahassee, Florida are relatively friendly compared to other cities in the state. The city does not distinguish between residential units that are owned versus rented, and it also doesn't differentiate based on the length of the rental term. This means that in general, short-term rentals like Airbnbs and VRBOs are allowed to operate in Tallahassee without facing overly restrictive regulations.

However, in May 2020, in response to the COVID-19 pandemic, Leon County approved a plan requiring short-term vacation rental owners and managers to follow certain safety guidelines. This aligns with state guidance on reopening short-term rentals and aims to protect public health. Property owners must provide guest names, contact information, home address, and check-in/check-out dates to authorities upon request.

Tallahassee's zoning code does not specifically mention short-term rentals, which means they are generally allowed in residential areas. This is in contrast to some other Florida cities like Miami Beach and Fort Lauderdale that have implemented zoning restrictions on where short-term rentals can operate.

For example, Miami Beach prohibits short-term rentals in most residential neighborhoods and only allows them in a few designated areas, such as parts of North Beach and Mid-Beach. Fort Lauderdale has a similar policy, restricting short-term rentals to certain zoning districts and requiring hosts to obtain a special vacation rental certificate.

In Tallahassee, however, there are no such geographic limitations on where short-term rentals can be located. As long as a property is in compliance with the city's building and housing standards, it can generally be used as a short-term rental.

Starting a Short Term Rental Business in Tallahassee

To start operating a short-term rental business in Tallahassee, there are several key steps to follow:

Familiarize yourself with the city's zoning code and Leon County's short-term vacation rental plan to understand any applicable regulations. The city's zoning code regulates land use but does not have specific rules targeting short-term rentals.

Prepare your property, ensuring it meets all safety and sanitation requirements outlined in the county's short-term rental plan. This may include providing adequate cleaning supplies, posting relevant health information, and configuring the space to allow for social distancing. For example, you might need to rearrange furniture to create more open space, install hand sanitizer stations in high-traffic areas, or provide disposable masks for guests.

Apply for a business license with the City of Tallahassee. As part of this process, you will likely need to provide proof that your property complies with the city's building and housing standards. These standards cover aspects like minimum construction requirements, design elements, and property maintenance to ensure the health and safety of occupants. For instance, you may need to show that your rental has proper smoke detectors, emergency exits, structurally sound stairs and railings, and no visible code violations.

Obtain a 'Vacation Rental Dwelling License' from the Florida Department of Business and Professional Regulation (DBPR). This is a state-level requirement for all vacation rentals in Florida. You can apply for this license online through the DBPR website. The application process involves providing details about your rental property, such as the address, number of units, maximum occupancy, and proof of insurance. There is a $250 fee for the initial license, which must be renewed annually for $150.

Register to collect and remit the relevant taxes on your short-term rental income. In Tallahassee, this includes the 5% Leon County Tourist Development Tax which applies to stays of up to 182 nights. You'll also need to collect and pay Florida state sales tax at a rate of 6%. You can register for these taxes online through the Leon County Tax Collector's Office and the Florida Department of Revenue, respectively. Be sure to keep detailed records of all taxes collected and remitted, as you may be subject to audits.

Create a listing for your short-term rental property on a platform like Airbnb or VRBO. Be sure to include appealing photos, a detailed description, and information about amenities and local attractions to make your listing stand out. Highlight any unique features of your property, such as a private pool, game room, gourmet kitchen, or proximity to popular destinations like Florida State University, the Florida Capitol building, or top-rated restaurants. Consider hiring a professional photographer to ensure your listing photos are high-quality and showcase your rental in the best light.

Once your listing is live, you can begin accepting reservations and welcoming guests to your licensed short-term rental property. Focus on providing an exceptional guest experience to encourage positive reviews and repeat bookings. This might involve offering personalized recommendations for local restaurants and activities, providing high-quality linens and toiletries, promptly addressing any guest concerns or maintenance issues, and adding thoughtful touches like a welcome basket or local guidebook. Respond promptly to guest inquiries and maintain open communication throughout the booking process to build trust and rapport.

Short Term Rental Licensing Requirement in Tallahassee

While the City of Tallahassee itself does not have a specific short-term rental license, all vacation rentals in the state of Florida are required to obtain a license through the DBPR.

Under the Leon County short-term vacation rental plan implemented in 2020, hosts must also obtain a 'Vacation Rental Dwelling License' and agree to provide guest information, such as names and contact details, to authorities upon request for public health purposes. Hosts need to apply for a business license from the City of Tallahassee and comply with the city's building and housing standards.

For example, a Tallahassee resident who wants to rent out their spare bedroom on Airbnb would need to:

• Apply for a business license from the City of Tallahassee, providing proof that their property meets all applicable building and housing codes.
• Obtain a 'Vacation Rental Dwelling License' from the Florida DBPR, paying the $250 initial licensing fee and agreeing to annual renewals.
• Ensure their property meets all safety and sanitation requirements outlined in the Leon County short-term rental plan, such as providing cleaning supplies and posting health information.
• Agree to maintain detailed guest records, including names, contact information, and stay dates, and provide this information to authorities upon request.

Failure to comply with these licensing requirements can result in fines and penalties. The Florida DBPR has the authority to conduct inspections of vacation rentals and issue citations for violations. Repeat offenders may have their license suspended or revoked.

It's important to note that these licensing requirements apply to all vacation rentals in Florida, regardless of the platform used to advertise or book them. So whether you're listing your property on Airbnb, VRBO, HomeAway, or any other site, you'll still need to obtain the necessary licenses and follow all applicable regulations.

Required Documents for Tallahassee Short Term Rentals

To legally operate a short-term rental in Tallahassee, you will need to gather and submit the following documents:

• A business license application to the City of Tallahassee, along with any required supporting documentation proving compliance with building and housing standards. This may include floor plans, site plans, inspection reports, certificates of occupancy, and proof of insurance. You'll need to provide detailed information about your rental property, such as the address, owner's name and contact information, zoning district, and proposed use.
• A completed 'Vacation Rental Dwelling License' application to the Florida DBPR. This application will require details about your rental property, such as the address, number of units, maximum occupancy, and proof of insurance. You'll also need to attest that your property meets all safety and sanitation requirements, such as having proper smoke detectors, fire extinguishers, and emergency lighting. The application must be notarized and submitted with the $250 initial licensing fee.
• Proof that your property complies with relevant city building and housing standards, such as minimum construction requirements, design elements, and maintenance. This could include photos, permits, inspection reports, and contractor receipts showing that necessary renovations or repairs have been made. For example, you might need to provide evidence that your rental has been properly permitted, that all electrical and plumbing systems are up to code, and that there are no outstanding code violations or safety hazards.
• Detailed guest records, including names, contact information, home address, and stay dates, which may need to be provided to authorities. You'll need to have a system in place for collecting and securely storing this information, such as a digital reservation system or physical guest log. These records must be maintained for at least one year and made available to the Leon County Division of Tourism or other authorities upon request for public health purposes.

While not legally mandated, it's also highly advisable to have a well-drafted rental agreement that clearly outlines the terms and conditions for your guests. This can help prevent misunderstandings and protect your interests as a host. Key items to include in your rental agreement might be:

• Check-in and check-out times
• Occupancy limits (e.g., maximum number of guests allowed)
• Pet policies (e.g., whether pets are allowed, any breed or size restrictions, additional fees)
• Noise restrictions (e.g., quiet hours, prohibition on parties or events)
• Parking instructions (e.g., designated parking spots, street parking rules)
• Cancellation and refund policies (e.g., deadlines for cancellations, refund amounts)
• Damage and security deposit information (e.g., amount of deposit, what it covers, how it's refunded)
• House rules (e.g., no smoking, no illegal activities, proper trash disposal)

Having a clear and comprehensive rental agreement can help you avoid disputes with guests and provide a framework for addressing any issues that may arise during their stay. It's a good idea to have your rental agreement reviewed by a legal professional to ensure it complies with all relevant laws and regulations.

Tallahassee Short Term Rental Taxes

Short-term rental operators in Tallahassee are responsible for collecting and remitting the following taxes:

• Florida state sales tax at a rate of 6%
• Leon County Tourist Development Tax at a rate of 5% on stays of up to 182 nights

The Leon County Tourist Development Tax is the primary funding source for comprehensive destination marketing programs within the county. The funds are used to support initiatives that make Tallahassee an appealing destination, such as beach maintenance, visitor marketing, sports facilities, arts and culture programs, and more.

For example, the Tourist Development Tax helps fund the Leon County Division of Tourism's marketing efforts to attract visitors to the area. This includes maintaining the VisitTallahassee.com website, producing promotional materials, attending trade shows and events, and partnering with local businesses and organizations to showcase Tallahassee's attractions and amenities.

The tax also supports capital projects that enhance the visitor experience, such as improvements to parks, trails, and public spaces. For instance, in recent years, Tourist Development Tax funds have been used to renovate the historic Capital City Amphitheater, upgrade facilities at the Apalachee Regional Park cross country course, and construct new multi-use trails throughout the county.

If you list your property on Airbnb, the platform will automatically collect and remit these taxes on your behalf. However, as the host, you are ultimately responsible for ensuring full tax compliance, so it's important to stay informed about your obligations. Hosts can register and pay the county tax online or by mail.

To illustrate, let's say you rent out your Tallahassee property for $100 per night. For each night's stay, you would need to collect:

• $6 in Florida state sales tax (6% of $100)
• $5 in Leon County Tourist Development Tax (5% of $100)

So the total nightly rate charged to your guest would be $111, with $11 of that being taxes that you are responsible for remitting to the appropriate authorities.It's important to keep accurate records of all short-term rental income and taxes collected, as you may be subject to audits by the Florida Department of Revenue or the Leon County Tax Collector's Office. Failure to comply with tax requirements can result in penalties, interest charges, and legal action.

Some additional tax considerations for Tallahassee short-term rental hosts include:

• Tangible personal property tax: If you provide furniture, appliances, or other equipment for use in your rental, you may be subject to tangible personal property tax. This tax is assessed annually on the value of business-owned personal property. You'll need to file a tangible personal property tax return with the Leon County Property Appraiser's Office by April 1st each year.
• Income tax: Short-term rental income is generally considered taxable income for federal and state income tax purposes. You'll need to report your rental income on your annual tax returns and may be able to deduct certain expenses, such as mortgage interest, property taxes, insurance, repairs, and depreciation. It's a good idea to consult with a tax professional to ensure you are properly reporting your rental income and claiming all eligible deductions.
• Occupancy tax: Some cities and counties in Florida impose an additional occupancy tax on short-term rentals, similar to a hotel tax. However, as of 2021, Leon County does not have a separate occupancy tax beyond the 5% Tourist Development Tax. It's important to monitor any changes to local tax laws that could impact your short-term rental business.

By staying informed about your tax obligations and keeping accurate records, you can ensure compliance and avoid potential penalties as a short-term rental operator in Tallahassee.

Tallahassee-wide Short Term Rental Rules

The City of Tallahassee's zoning code regulates land use but does not have any specific city-wide rules that exclusively target short-term rentals. The main restrictions that apply to vacation rentals come from the Leon County short-term rental plan, which requires hosts to adhere to certain safety guidelines and provide guest information to authorities when requested.

There are no limits on the number of nights a property can be rented short-term or the number of properties an individual can operate in Tallahassee. The city also does not require a minimum stay length for short-term rentals.This means that a Tallahassee property owner could, in theory, rent out multiple properties year-round on platforms like Airbnb and VRBO, as long as they are following all applicable regulations and tax requirements.

However, it's important to note that individual homeowners associations (HOAs) or condominium associations may have their own rules restricting short-term rentals. So even though the city allows STRs, a particular property might not be eligible based on its HOA bylaws.

For example, some HOAs may prohibit rentals altogether, limit the number of rental units allowed, or require a minimum lease term (e.g., 30 days or more). Others may require prospective hosts to obtain permission from the HOA board before listing their property as a short-term rental.It's crucial for Tallahassee short-term rental operators to carefully review their HOA or condo association bylaws and comply with any restrictions on rentals. Violating HOA rules can result in fines, legal action, or even foreclosure in extreme cases.

Does Tallahassee strictly enforce STR rules?

Based on discussions among Airbnb hosts on popular online forums like Bigger Pockets and Reddit, Tallahassee appears to be relatively friendly toward short-term rentals compared to other cities in Florida. Many hosts report being able to operate their rentals without facing overly strict enforcement of regulations.

For example, one Tallahassee Airbnb host on Reddit shared that they have been operating multiple properties in the city for several years without any issues from local authorities. They noted that as long as you are properly licensed, paying your taxes, and following the county's safety guidelines, you are unlikely to face much pushback.

However, it's important to note that the Leon County short-term rental plan does include provisions that allow for reporting non-compliant properties to the Florida DBPR. While Tallahassee seems generally open to short-term rentals, hosts should still make every effort to follow all applicable rules and regulations to avoid potential issues.

Compared to some other Florida cities like Miami, Jacksonville, and Clearwater Beach that have implemented more restrictive ordinances, Tallahassee is considered relatively Airbnb-friendly. The lack of a specific short-term rental license requirement and minimal operational restrictions make it an appealing market for many hosts.

For instance, while Miami Beach has banned short-term rentals in most residential areas and requires hosts to obtain a special business tax receipt, Tallahassee has no such restrictions.

How to Start a Short Term Rental Business in Tallahassee

• Research and understand the relevant rules, including the city's zoning code and Leon County's short-term rental plan.
• Prepare your space to comply with all safety and health standards outlined in the county's rental plan.
• Obtain a business license from the City of Tallahassee.
• Apply for and secure a DBPR 'Vacation Rental Dwelling License'.
• Register to collect and pay the 5% Leon County Tourist Development Tax and 6% state sales tax.
• Create an appealing listing for your short-term rental on a platform like Airbnb or VRBO.
• Implement a system for maintaining detailed guest records, including contact information and stay dates, in case they are requested by authorities.
• Develop a comprehensive rental agreement outlining guest terms and conditions.
• Set up a cleaning and maintenance schedule to ensure your property is always guest-ready.
• Consider hiring a professional photographer to take high-quality photos of your rental for your listing.
• Research local events, attractions, and restaurants so you can provide personalized recommendations to your guests.
• Begin welcoming guests and focus on delivering an outstanding experience to drive positive reviews and repeat bookings.

Who to contact in Tallahassee about Short Term Rental Regulations and Zoning?

For questions related to short-term rental regulations in Tallahassee, you can reach out to:

• Leon County Division of Tourism
• Phone: (850) 606-2305
• Website: VisitTallahassee.com

For inquiries about registering and paying the Leon County Tourist Development Tax:

• Leon County Tax Collector's Office
• Phone: (850) 606-4700
• Website: LeonTaxCollector.net

You may also want to contact the City of Tallahassee Growth Management Department for any zoning and permitting inquiries specific to your property's location.

• City of Tallahassee Growth Management Department
• Phone: (850) 891-7001
• Email: growth@talgov.com
• Website: Talgov.com/growth

For questions about obtaining a state vacation rental license:

• Florida Department of Business and Professional Regulation (DBPR)
• Phone: (850) 487-1395
• Email: Customer Contact Center
• Website: MyFloridaLicense.com

If you have questions about the impact of short-term rentals on the local community, you might consider reaching out to the Council of Neighborhood Associations (CONA). This organization represents the interests of Tallahassee's neighborhoods and can provide insights into residents' perspectives on STRs.

• Council of Neighborhood Associations (CONA)
• Phone: (850) 222-2662
• Email: contact@econa.org
• Website: econa.org

What do Airbnb hosts in Tallahassee on Reddit and Bigger Pockets think about local regulations?

• A Bigger Pockets user mentioned that Tallahassee is "not as strict as some other cities in Florida" when it comes to regulating short-term rentals, making it an attractive market for investors. They noted that the lack of a specific STR license requirement and the city's hands-off approach to zoning make it easier to get started with Airbnb in Tallahassee compared to other markets.
• One Reddit user shared their experience successfully operating an Airbnb in Tallahassee for several years without encountering major issues related to local rules and regulations. They noted the lack of a specific short-term rental license requirement as a benefit. However, they cautioned that hosts still need to obtain a business license and a state vacation rental license, as well as pay all applicable taxes.
• Another Tallahassee host on Reddit recommended that prospective short-term rental operators thoroughly research the Leon County short-term rental plan and ensure they are fully complying with all outlined safety guidelines. They emphasized the importance of maintaining detailed guest records in case they are requested by authorities. This host also suggested joining local Airbnb host groups on Facebook to connect with other operators and stay up-to-date on any regulatory changes.