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

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

Short-term rentals through platforms like Airbnb and VRBO have become increasingly popular in recent years. However, many cities have enacted regulations on these rentals. Here's what you need to know about short-term rental rules in Weston, Florida.

Starting a Short-Term Rental Business in Weston

In June 2018, the Weston Board of Aldermen passed revisions to the city's zoning ordinances that prohibit non-authorized transient rentals and clarify bed and breakfast rules. The new ordinances include:

• An outright ban on transient guest rentals in any residential dwelling for less than 31 days
• Changes to the definition section of the city's zoning code
• Changes to the special use exceptions governing bed and breakfasts
• Additional regulations on the bed and breakfast code

These rules were passed after years of debate on the topic. In 2015, the city shut down an unlicensed short-term vacation rental near downtown. In 2016, a Weston resident unsuccessfully sought to legalize short-term rentals.

The city code now states that no rental can be made or occupancy allowed to any person on the Florida Sexual Offenders and Predators (FDLE) database. Vacation rentals must also meet minimum life safety requirements like:

1. Smoke and carbon monoxide detection systems
2. Fire extinguishers on each floor
3. Posting evacuation maps
4. Maximum occupancy is limited to 2 people per bedroom plus 3 per off-street parking space. Any guests present after 10pm are considered overnight occupants.

Vacation rental owners must submit a complete registration application demonstrating compliance with state and local laws. A rental/lease agreement, including minimum lessee information, is also required. The city charges applicable registration fees and requires an inspection for a Certificate of Use.

Reactions to the short-term rental ban were mixed. Some residents argued the rules limited property rights and the city's ability to collect sales tax from visitors. Existing bed and breakfast owners supported the changes, saying there is no real shortage of lodging except for a few peak weekends. Real estate agents warned that nearby short-term rentals could negatively impact property values in residential areas.

So in summary, Weston has taken a restrictive approach by completely banning short-term rentals under 31 days outside of licensed bed and breakfasts. The city's detailed ordinances aim to preserve the residential character of neighborhoods. Investors interested in short-term rentals will need to look to other South Florida cities with more permissive rules.

Short-Term Rental Licensing Requirement in Weston

To operate a short-term rental legally in Weston, property owners must obtain a license from the city. The licensing process ensures that rentals meet safety standards and comply with local regulations.

To apply for a short-term rental license, owners must submit a complete application packet to the City of Weston. The application requires:

1. Property owner contact information
2. Rental property address and details
3. Parking plan
4. Floorplan sketch
5. Proof of insurance
6. Affidavit of compliance with short-term rental standards
7. Application fee

Once the application is received, the city conducts an inspection of the property. Inspectors check for working smoke alarms, fire extinguishers, and clearly marked exits. The maximum occupancy is confirmed based on the number of bedrooms and available parking.

If the property passes inspection, the city issues a Short-Term Rental Certificate of Compliance. This certificate must be prominently displayed inside the rental unit. The certificate is valid for one year and must be renewed annually.

Operating a short-term rental without a valid license can result in fines and penalties. The city actively monitors short-term rental listings and investigates complaints of unlicensed activity. Violators may be subject to daily fines, liens on the property, and revocation of an existing license.

The licensing process adds some upfront work for short-term rental operators in Weston. However, it helps ensure a standard of safety and maintains the peaceful character of residential neighborhoods. By following the city's licensing rules, short-term rental hosts can operate their business successfully while being good neighbors in the community.

Required Documents for Weston Short-Term Rentals

To register a short-term rental property in Weston, owners must submit several required documents as part of the application process. Having these documents prepared in advance can help streamline registration and licensing.

The key required documents for a Weston short-term rental registration include:

1. Completed Vacation Rental Registration Form
2. Property survey or site plan showing dwelling location and parking
3. Floorplan sketch with dimensions, exits, and smoke/CO detector locations
4. Proof of ownership (deed, tax bill, etc.)
5. Designated Vacation Rental Agent contact information
6. Vacation Rental Certificate of Use application
7. Application fee payment
8. Affidavit affirming compliance with vacation rental standards
9. Sample rental/lease agreement with required minimum information
10. Evidence of liability insurance coverage for rental use
11. Approved Fire Rescue Department inspection report

The Vacation Rental Registration Form collects key details about the property, owner, rental agent, and operations. A property survey and floorplan sketch help verify the rental is an allowed use and meets occupancy and safety requirements.

Proof of ownership ensures the person registering the rental has the legal right to do so. Designating a Vacation Rental Agent provides the city a local contact for any issues. The Certificate of Use and affidavit affirm the rental will follow all applicable rules and regulations.

Submitting a sample rental agreement shows the required minimum information will be provided to each renter. Liability insurance protects both the owner and guests. Finally, an approved Fire Rescue inspection certifies the property meets fire safety standards.

Organizing these required documents is essential to receiving approval to operate a short-term rental in Weston. The city reviews the application packet carefully to ensure the property is safe and compliant before issuing a Vacation Rental Certificate of Compliance.

Weston Short-Term Rental Taxes

In addition to licensing and registration requirements, short-term rental operators in Weston must also collect and remit applicable taxes. Understanding the tax obligations is crucial for running a compliant rental business.

The combined sales tax rate for Weston, Florida, in 2024 is 7%. This includes the 6% Florida state sales tax rate and the 1% Broward County rate. There is no additional city sales tax in Weston.

Short-term rental hosts are required to collect this 7% sales tax from guests and remit it to the appropriate tax authorities. The sales tax applies to the total rental amount, including any cleaning fees or other charges.

Proper sales tax collection and filing is the responsibility of the short-term rental operator. Hosts must register with the Florida Department of Revenue to obtain a sales tax certificate. Sales tax returns are typically filed monthly, with payment due by the 20th of the following month.

Failure to comply with sales tax requirements can result in audits, fines, and legal issues. Short-term rental operators should keep detailed records of all transactions to support their tax filings.

In addition to sales tax, short-term rental income is subject to federal and state income taxes. Rental hosts must report their rental income on their annual tax returns. Certain expenses related to operating the rental, such as supplies, cleaning, and maintenance, may be deductible.

It's recommended that short-term rental operators consult with a tax professional to ensure they are in full compliance with all tax laws. Properly managing tax obligations from the start can prevent headaches down the road and contribute to a successful rental business.

Weston Wide Short-Term Rental Rules

In addition to the licensing, registration, and tax requirements, the City of Weston has enacted several rules that apply to all short-term rentals citywide. These regulations aim to ensure the safety of guests and preserve the quality of life in residential neighborhoods.

Some key citywide short-term rental rules in Weston include:

1. Occupancy limits: Maximum occupancy is limited to 2 people per bedroom plus 3 per off-street parking space. Any guests present after 10pm Sunday-Thursday or after 11pm Friday-Saturday are considered overnight occupants.
2. Parking requirements: Short-term rentals must provide off-street parking for guests based on the property's Certificate of Use. Sketch of available parking must be provided to guests.
3. Noise restrictions: Amplified sound and TV noise must not be audible outdoors after 10pm Sun-Thurs or after 11pm Fri-Sat. The property cannot be used as a party or event venue.
4. Unregistered guests: No more than 3 unregistered guests are allowed at a time, and unregistered guests cannot remain after 10pm Sun-Thurs or 11pm Fri-Sat.
5. Safety equipment: Interconnected smoke and CO alarms are required on every level. Fire extinguishers must be installed on each floor. Evacuation maps must be posted in each bedroom.
6. Trash handling: Sufficient trash containers must be provided. Trash can only be placed curbside within 24 hours before and after pickup day.
7. Required postings: The Certificate of Use with maximum occupancy must be posted by the main entrance. Required information like occupancy limit, parking sketch, trash rules, etc. must be provided to each guest.
8. Advertising requirements: All ads must match the property's approval and Certificate of Use. Maximum occupancy must be included in any ad. The city must be notified of any listing sites used.

These citywide rules apply to all short-term rentals in Weston in addition to any other applicable state and local regulations. The city has the authority to conduct inspections and issue fines for violations. Short-term rental operators should carefully review all requirements to ensure they remain in compliance.

Does Weston Strictly Enforce STR Rules?

Based on discussions from real estate investing forums like Bigger Pockets and Reddit, Weston appears to take a strict stance on enforcing short-term rental regulations compared to other South Florida cities. The city's detailed vacation rental ordinance prohibits rentals under 31 days outside of licensed bed and breakfasts.

Investors on these forums advise caution when considering short-term rentals in Weston. One Bigger Pockets user looking to purchase a duplex to house hack with short-term renting was warned that Weston has restrictive rules that make Airbnb-style rentals very difficult. Another thread discussed how Weston's western suburbs have more stringent rental restrictions compared to areas closer to the coast.

While some South Florida cities may turn a blind eye to short-term rental activity, Weston is known to actively monitor listings and investigate complaints. The city has the power to issue fines and revoke rental certificates for non-compliance. Listings must match the property's approval, and occupancy limits must be included in all advertisements.

So, in summary, Weston is not considered a short-term rental-friendly location compared to other parts of South Florida. The city's enforcement efforts make operating STRs very challenging, even for experienced investors. Hosts should not expect to fly under the radar in Weston like they might in more permissive cities. Investors are better off looking at long-term rentals in Weston or focusing their short-term rental business in other nearby markets with less strict regulations.

How to Start a Short-Term Rental Business in Weston

Starting a short-term rental business in Weston requires careful planning and compliance with local regulations. Here are the key steps to get started:

1. Research Weston's short-term rental regulations thoroughly. Understand the licensing, registration, tax, and operational requirements.
2. Determine if your property is eligible for short-term renting based on zoning and any HOA restrictions. Weston prohibits rentals under 31 days outside of licensed bed and breakfasts.
3. Create a detailed business plan outlining your target market, pricing strategy, financial projections, and marketing approach. Treat your rental like a serious business.
4. Consult with a local attorney and tax professional to choose an optimal business structure, like an LLC, and understand all legal and financial obligations.
5. Register your business with the state and obtain a federal EIN. Florida requires registering for state sales tax and local tourist development taxes.
6. Apply for a City of Weston Certificate of Use and Vacation Rental Certificate of Compliance. Submit all required documentation, fees, and pass inspections.
7. Outfit your rental with all required safety equipment like smoke detectors, fire extinguishers, and evacuation maps. Maintain the property to all code standards.
8. Furnish and stock your rental to be competitive in the Weston market. Consider using a local property manager to handle cleaning and maintenance.
9. Create detailed house rules that comply with Weston's vacation rental ordinance, including maximum occupancy limits, parking requirements, and guest registration.
10. List your property on major vacation rental sites and launch marketing efforts. Utilize high-quality photos and an enticing description while ensuring all listings meet Weston's advertising requirements.
11. Implement a system to collect and remit state and local sales and lodging taxes monthly. Maintain organized records of all transactions.
12. Establish processes to vet potential guests, handle reservations and payments, and provide clear arrival instructions. Use vacation rental software to automate operations.

By following these steps and staying within Weston's short-term rental regulations, you can launch a successful vacation rental business in this desirable South Florida city. Consult with local professionals to ensure full compliance.

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

For questions about short-term rental regulations and zoning in Weston, Florida, contact the city's Planning and Zoning Division or Building Department.

Planning and Zoning Division:
Phone: 954-385-0500
Email: planning-zoning@westonfl.org
Hours: Monday to Friday, 8:00 AM to 5:00 PM

The Planning and Zoning Division can provide information on zoning districts where short-term rentals are allowed and any specific land use regulations that apply. They are the main point of contact for questions about operating vacation rentals in residential areas.

Building Department:
Phone: 954-385-0500
Email: building@westonfl.org
Fax: 954-384-7723
Location: Weston Administrative Services Center, 17250 Royal Palm Boulevard, Weston, FL 33326

The Building Department handles permitting and inspections for short-term rentals. They can answer questions about the Certificate of Use process, required property upgrades, and inspections to certify compliance with vacation rental standards.

When contacting these departments, have your property address and details ready. The staff can look up the zoning and land use rules for your specific location. They can walk you through the registration and approval process step-by-step.

For general questions, you can also contact the main City of Weston phone number at 954-385-2000 or use the "Contact Us" form on the city website at www.westonfl.org/about/contact-us. The city staff will direct your inquiry to the appropriate department for assistance.

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

Discussions on real estate investing forums like Reddit and Bigger Pockets provide insight into how Airbnb hosts view Weston's short-term rental regulations:

On the Miami subreddit, hosts warn that short-term rentals under 31 days are illegal in most of Coral Gables, a city near Weston with similar rules. The city cracks down on violators, with fines and even property seizure possible. Hosts caution others not to try operating illegally.

A thread on the askTO subreddit about Toronto's Airbnb regulations reveals frustrations with the lack of enforcement. Despite licensing requirements, there is apparently no validation process, allowing tenants to fraudulently obtain licenses without landlord approval. Hosts feel the city puts the burden of compliance on others while Airbnb collects fees regardless.

Bigger Pockets users discussing Airbnb restrictions in North Miami, another South Florida city, speculate about potential loopholes like renting to an LLC to classify stays as business trips rather than short-term rentals. However, most agree that the regulations prohibit rentals under 3 months in residential areas.

In a Bigger Pockets thread on Vermont Airbnb opportunities, hosts note that the market there is less saturated than major cities and doesn't yet have strict regulations. This suggests that investors compare short-term rental rules when choosing markets.

Overall, the sentiment among Airbnb hosts is that Weston and similar South Florida cities have restrictive short-term rental regulations that are challenging to operate under legally. Some look for loopholes, but most feel the rules make Airbnb-style rentals very difficult in these markets. Hosts are wary of penalties if they attempt to skirt the laws.

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.