Do you need a license to rent out your house in Florida

⚠️ Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Laws and regulations for renting property in Florida vary by city and county. Always consult a licensed attorney, accountant, or local authorities to ensure compliance before renting.

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Before you can legally rent out a house in Florida and start collecting rent, you must navigate a complex set of local and state regulations. While many landlords or investors are eager to place a tenant immediately, Florida’s rules are not uniform. For a detailed guide on preparing your property before renting, check out our article on Things to Do Before Renting Out Your House In Florida.

The specific requirements depend heavily on whether the property is a long-term or short-term rental and, most importantly, on the city and county where it is located.

Failure to comply with these local rules can impact your ability to collect rent or move forward with an eviction if needed. This guide breaks down the essential licensing and documentation requirements for Florida landlords.

1. Business or Ownership Setup

Before renting, the property’s ownership structure must be correctly established. Whether the property is owned in a personal name, an LLC, or a corporation, this setup dictates the initial registration steps.

Depending on the city or county, you will likely need to obtain a local business tax receipt (formerly known as an occupational license). In some jurisdictions, this may be referred to as a “certificate of use.” This receipt registers your rental activity with the local government.

This license or receipt typically requires annual or biennial renewal. It’s critical to check with your local city or county government to determine the specific licenses or permits required to legally operate a rental property in your area.

2. Long-Term vs. Short-Term Rentals

Florida law treats long-term and short-term rentals very differently, and the compliance requirements diverge significantly.

Long-Term Rentals:

For a long-term rental (typically a lease of six months or more), landlords generally do not need to register with the state for a special landlord license. However, the local government (city or county) will still likely require a business tax receipt or a local rental registration.

Short-Term Rentals:

Short-term or vacation rentals (any period less than six months) face much stricter regulation. In most cases, you must register with the Florida Department of Revenue to collect and remit state sales tax and any local “tourist development tax.” Many Florida counties and cities also have their own specific vacation rental permits, zoning overlays, and safety regulations.

Do not assume the rules are the same everywhere. You must check local ordinances before advertising a short-term rental.

3. Rental Registration and Inspections

Beyond a business tax receipt, some Florida jurisdictions have specific rental registration or inspection programs. These programs are designed to ensure properties meet basic safety and habitability standards.

For example, cities like Tampa and others may require landlords to apply online or fill out a form to register each rental unit. These programs may also involve periodic inspections where an official checks for basic safety items before issuing a rental certificate.

There is no statewide rental license, so you must check your specific city or county website for property registration requirements.

4. Federal Lead-Based Paint Disclosure

Compliance with federal law is also mandatory. If the rental property was built before 1978, landlords must provide tenants with two documents before they sign the lease:

1. A lead-based paint disclosure form, signed by both the landlord and tenant.
2. The federal pamphlet, “Protect Your Family from Lead in Your Home.”

While Florida does not require a specific lead inspection, landlords must provide this disclosure to ensure the tenancy is legally compliant.

5. Safety and Building Code Requirements

The property must meet all basic safety and building code requirements. This includes following Florida’s building code and any additional local fire or code enforcement mandates.

At a minimum, this usually includes:

• Working smoke detectors in all required locations.
• Carbon monoxide (CO) detectors in some areas, particularly if the home has gas appliances or an attached garage.

Multi-family properties (typically three units or more) may face stricter fire alarm, extinguisher, and inspection requirements. Skipping these safety measures can lead to significant legal problems. For details, landlords can reference the Florida Fire Prevention Code.

6. Lease Disclosures and Tenant Documents

At or before the lease signing, landlords must provide tenants with all legally required documents. While Florida does not have a single statewide packet of pamphlets, required disclosures will include:

• The executed lease agreement.
• The lead-based paint disclosure (if applicable).
• Any required addendums specific to the city or county (e.g., a local “tenant rights” disclosure).

For short-term rentals, this would also include any necessary tax or safety notices as required by the local ordinance. Using state-approved forms, such as those provided by Florida Realtors, can help ensure all necessary disclosures are included.

7. Legal Rent Collection and Compliance

Simply signing a lease does not automatically grant the right to legally collect rent. If a landlord is required by their city or county to have a business tax receipt, a rental registration, or a passed inspection, and they fail to obtain it, their standing in court may be jeopardized.

If a tenant fails to pay rent, a judge in an eviction case may verify that the landlord is fully compliant with all local licensing rules before granting a judgment for unpaid rent. Handling all registration and licensing before the tenant moves in is a critical step to ensure the lease is enforceable.

Conclusion

It is essential for every landlord and investor to understand the licensing requirements in Florida. While there is no single statewide rental license, compliance is a patchwork of local city and county rules.

These rules most often require business tax receipts, and in some areas, local inspections and registration. Short-term rentals operate under an entirely different and stricter set of tax and licensing obligations.

Following these steps, registering the property, meeting safety protocols, and providing all necessary documentation helps landlords stay compliant and may reduce the risk of fines, positioning them for legal compliance in Florida.