Eviction on Short Term Rentals Question for Florida

Eviction on Short Term Rentals Question for Florida

Rental Property Investor · Orlando, FL · Member since 2016 · 111 posts · 13 votes

Hello 

 I am trying to find an answer to a short term rental question i have. I am a condo owner over at Daytona Beach in Florida. I had a situation come up where a potential guest wants to rent my unit for 4 months. Ive only ever rented my units for 30 days or less. I was reading chapter 509 of the Florida Statutes in regards to short term rentals and im trying to find out what the situation would be if the guest were to refuse to leave. Would it be a matter of calling the police or would a full blown eviction process be required because the guest was there more than 30 days?
There is no way to receive mail at the condo unit I own and it is used for short term rentals. The reason why this situation is sticky is that i know that this particular guest does not actually have a permanent resident elsewhere. He was renting another condo in the same building long term and it was sold so now hes looking for another one to rent long term. I told him I could only do 4 months and he says he's ok with that. I have a short term rental agreement i use which would stipulate that the agreed time is only 4 months, but my concern is, what happens if he doesn't leave after 4 months? Would he be considered a tenant where an eviction would be required or would he be considered a short term guest that can just be removed by the police?
Thanks , any input is appreciated!

Martha

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  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    7y

    Hey @Martha Daisley! That is a great question. I would consult a real estate attorney locally and get the scoop. Have them modify the rental agreement to reflect the time and specify the strict timeline. 
    This is something I have had done for a pair for traveling physical therapists who want our place for 3 months. It never came to fruition, but I have an agreement I can use just for that purpose.

    Idaho is very owner friendly and each state is different.

  • Rental Property Investor · Phoenix, AZ and Rehoboth Beach DE · Member since 2019 · 1k+ posts · 1k+ votes
    7y

    I am suspicious that he’s willing to pay much higher rent for your place, and then after 4 months, where’s he going to go?  He’s just going to have to find a long term place anyway. 

  • Rental Property Investor · Orlando, FL · Member since 2016 · 111 posts · 13 votes
    7y

    Thanks for your answers! Yes Lauren, i am suspicious too. I dont think ill end up renting to him but i think this is a good question to know the answer to. If anyone can recommend an attorney, ill follow up with them.

  • Lender · St. Augustine, FL · Member since 2015 · 120 posts · 26 votes
    4y

    Bringing this thread back up, did anyone find out any more information from an attorney on this? Thanks!

  • Rental Property Investor · Orlando, FL · Member since 2016 · 111 posts · 13 votes
    4y

    hi @Jaren Woeppel I dont remember if I ended up talking to an attorney because this was a couple years ago. But after doing my research , I do recall reading that if they stay longer than 30 days, they are considered a long-term renter and that they would be subject to eviction laws if they dont leave. I ended up deciding not to rent to this guy.  Partly because of my concern that he wouldnt have a place to go after 4 months and I could potentially be left with an eviction situation and partly because i was able to get a reference from the realtor that was dealing with him on behalf of the previous landlord and apparently they were having issues with him leaving when it was time to sell the place. 

  • Lender · St. Augustine, FL · Member since 2015 · 120 posts · 26 votes
    4y

    Thanks @Martha Daisley!

    I suppose the basis of my question lies with how valid the platform’s, in this case VRBO, contract or “lease” would be in this case? For example, if we are easily able to show the unit was rented using this platform, the dates and costs etc are clearly defined, would that hold up in court as a reasonable expectation for the guest/tenant to have left by that time?

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