Airbnb in Naples, FL

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Airbnb in Naples, FL

Brian Camey
Rental Property Investor · Naples, FL · Member since 2019 · 28 posts · 18 votes

I am a local investor here in Naples, FL. I own and manage two duplexes and have long term renters in place but I am fascinated at the Airbnb space. I know short term rentals are illegal in Naples, so how is it that you can host Airbnb in Collier County? What's the difference between signing a lease for a month or renting a booking a place for a month on Airbnb? 

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Stetson MillerBusiness Member
Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
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@Brian Camey Got it, sorry about that! Per the city ordinances, it is illegal, there's no questioning that. Enforcement is a different issue. However, it will never be my recommendation to try and rent a property in opposition to city code, in which you're relying on that income stream to support the business. Even though many people do it, and do get away with it, the chances of having that income stream cut off at any second makes it way too risky in my opinion.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    If your listing on Vrbo or Airbnb you are definately on the radar for doing short term rentals and if it's illegal in your area then it wouldn't be smart to waive a flag saying your breaking the law.

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Brian Camey Both Collier County and the City of Naples have different ordinances in place restricting STR's. Collier County put out a notice recently that states:

    "In most Zoning Districts that allow dwelling units, transient lodging (less than 6 months) is not a use that is listed as a permitted, accessory, or conditional use in Ordinance 2004-41, as amended, the Collier County Land Development Code. Therefore, any rentals of less than 6 months in these districts is considered a violation of the Collier County Prohibited Use Ordinance.
    [Ord. 04-41, Sec. 2.02.03 , Prohibited Uses]"

    Obviously, things happen, and long term tenants will be in place shorter than 6 months in certain situations. With that being said, I believe the general interpretation here is that if you have intent to rent for less than that time period (ie rental booking showing only staying for a month), then that would be in violation of that code.

    On top of that, if you're looking for tenants that are wanting to stay in the area for a month at a time, I don't think AirBnB is the best place to target those types of tenants anyways, it's much more catered to the nightly and weekly rental crowd.

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  • Brian Camey
    OP
    Rental Property Investor · Naples, FL · Member since 2019 · 28 posts · 18 votes
    5y

    @Stetson Miller I wasn't looking to sign tenants with Airbnb. I was just wondering whether or not I could rent a unit on Airbnb if/when I have vacancy. I just have a hard time believing all the Airbnb hosts in Naples are doing so illegally. 

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Brian Camey Got it, sorry about that! Per the city ordinances, it is illegal, there's no questioning that. Enforcement is a different issue. However, it will never be my recommendation to try and rent a property in opposition to city code, in which you're relying on that income stream to support the business. Even though many people do it, and do get away with it, the chances of having that income stream cut off at any second makes it way too risky in my opinion.

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  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
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    Seems pretty obvious to me @Brian Camey. It is a no no. It isn't hard to believe that people are doing it illegally. People do illegal things all the time and try to justify it. The ordinance has been in place since before 2011.

    That is probably why they are moving to active enforcement and also pondering adopting the Miami Beach fine system of $20,000 for each incident.

    @Stetson Miller has it right and listed the actual ordinance.

    There are so many other places to invest where it is legal and works great. I have no idea why people want to justify breaking the law.

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    Short term rentals are illegal??? That's news to me! I have 3 STRs in Naples. They're definitely legal! Last year when covid first hit Florida, Desantis shut us down for a few months. I'm currently SLAMMED with bookings as are my friends and with STRs. This is w/o the Europeans, Canadians and So Americans. Next year, if they are permitted to travel it will be crazy busy!

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    We are all paying county and state sales tax on our STRs. I have SFHs, not houses in gated communities with HOAs. I don't know where these people are getting their info from, but I strongly believe they are misinformed. 

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Linda Weiner I would definitely suggest doing a bit more research on it! See my previous response for the exact Collier County Ordinance number and wording. In the City of Naples, they've explicitly stated many times that they support the county's decision on the STR ban. Unless you have applied for and currently hold a transient lodging facility permit, then you are in violation of that code.

    They're now looking to increase enforcement standards, as well as fees for those found in violation of these ordinances, so I would definitely recommend looking into it more!

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
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    Stetson Miller, you must realize the difference between being in Naples and being in the City of Naples. My STRs and my home are just out side the city limits. There's a big difference between the two, such as ordinances and especially TAXES! 


    Of course I have a license issued by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation and I obtained it before earning my first dollar from STR rentals.

    As it stands now the state of Florida is currently deciding on limiting local laws on vacation rentals. Read the article in the link below.

    TALLAHASSEE (News Service of Florida) - A controversial effort to further limit local governments’ ability to regulate and inspect vacation rental properties is advancing in the Florida Senate, as the proposal’s sponsor on Tuesday assured critics that the legislation is “a starting point.”

     https://www.mysuncoast.com/202...

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  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    5y

    This is what I read about Collier County short term rentals.

    https://www.colliercountyfl.go...

    Code Enforcement Division 2800 North Horseshoe Drive Naples, FL 34104Main Office (239)

    ”SHORT TERM RENTALS In most Zoning Districts that allow dwelling units, transient lodging (less than 6 months) is not a use that is listed as a permitted, accessory, or conditional use in Ordinance 2004-41, as amended, the Collier County Land Development Code. Therefore, any rentals of less than 6 months in these districts is considered a violation of the Collier County Prohibited Use Ordinance." [Ord. 04-41, Sec. 2.02.03 , Prohibited Uses]

    So I don't know if the exact area your rentals are in, but this appears to cover them unless it is specifically zoned for short term rentals. I would look into it just in case.

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    I'm fine with my STRs and the county is A-OK collecting the tax revenue from all the STRs every month. Being I live here, I follow this topic and attend the VRMA (Vacation Rental Manager Association) meetings to keep up to date on the latest news.

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    Michael Baum, that little blurb from the pamphlet you posted is from 4 1/2 yrs ago. A lot has changed since 2016.

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Linda Weiner That's good to hear! The issues lies in the fact that 99% of people making their first investments in the area are not going to go through the process to legally license their STR business. Even in unincorporated Naples, you do still fall under the county designation, so you are still responsible for those separate ordinances.

    I've been following the debate on whether the local STR restrictions are legal or not, and honestly hope the state puts an end to this. It would definitely make everything much easier from an investment perspective!

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
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    <<The issues lies in the fact that 99% of people making their first investments in the area are not going to go through the process to legally license their STR business.>> I believe and hope this will come to a screeching halt. These people give the honest and good STR owners a bad name. I've not had 1 single complaint from any of my neighbors. As a matter of fact I've had neighbors rent my places for their families when they come to visit. I've purchased properties and fixed them up to make them more appealing to people visiting Naples for vacation. It helps the neighborhood, it increases tax revenue, helps businesses with all the families coming here who can't afford the sky high rates of hotels and do NOT like or want to stay in a hotel. Also, I put the small guy/woman to work with maintenance jobs, cleaning, painting, etc. It's a win/win, but the unlicensed STR owners need to go!

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Linda Weiner That's awesome, and great to hear you've been successful in that as well! I think that's where the city is struggling, they don't know how to promote the legal way to do it, without bringing in more people who are going to do it the wrong way. It ends up coming down to a few people ruining it for everyone else!

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  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    5y

    I have a call into the Collier County manager. Waiting to hear back. I am very interested as to the real rules regarding STR's there. We have been looking for another STR and my wife likes the idea of Florida. Good to know if this is an option.

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  • Jaron Heward
    Member since 2021 · 2 posts · 0 votes
    5y

    So- here I am 6 months later trying to figure this out- I’ve met numerous people that own Airbnb’s and have had ZERO problems- but I am hesitant/confused because even the people in the government offices are confused- 

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  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    @Stetson Miller The “no rentals less than 6 months” seems bizarre to me, as Naples had have a Ton of seasonal rentals (3-4) months, like everywhere else here. 

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    I have STRs in Naples. How and where are you getting the info they are illegal?

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    Here's part of a letter I received from Air BnB.  It's about time!  STRs are definitely legal. The county makes a lot of money on tourist tax. 

    1Reply
  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y

    @Jaron Heward Even though it's not something that's enforced, it's something that the city has discussed on several occasions. To keep it completely legal, you would need a Hotel license from the state of Florida. Too risky in my opinion to move forward with an investment that may end at at time, unless you have a good plan B

    @Wayne Brooks completely legal if you have a Florida hotel license, which many of these people using platforms like AirBnB and VRBO do not. This is why the city is looking for a way to enforce the current rules. It is important to note that this applies specifically to the incorporated City of Naples, not the surrounding area(s)

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  • Stetson MillerBusiness Member
    Real Estate Broker · Fort Myers, FL · Member since 2019 · 576 posts · 423 votes
    5y
    Originally posted by @Michael Baum:

    I have a call into the Collier County manager. Waiting to hear back. I am very interested as to the real rules regarding STR's there. We have been looking for another STR and my wife likes the idea of Florida. Good to know if this is an option.

    Were you ever able to speak with someone at the city? Would definitely be interested to hear what they had to say about it recently!

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  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y

    Yes, of course you need to be licensed and you also need a sales tax certificate. It's not expensive.

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  • Michael BaumPro Member
    Olympia, WA · Member since 2016 · 8k+ posts · 7k+ votes
    5y

    Hey @Stetson Miller, I did for a quick minute. They referred to the website for all the info.

    In most Zoning Districts that allow dwelling units,
    transient lodging (less than 6 months) is not a use that
    is listed as a permitted, accessory, or conditional use in
    Ordinance 2004-41, as amended, the Collier County
    Land Development Code. Therefore, any rentals of less
    than 6 months in these districts is considered a viola-
    tion of the Collier County Prohibited Use Ordinance.
    [Ord. 04-41, Sec. 2.02.03 , Prohibited Uses]

    https://lifeinnaples.net/magaz...

    These appear to be the current rules.

    1Reply
  • Linda Weiner
    Real Estate Agent · Naples, FL · Member since 2017 · 48 posts · 15 votes
    5y
    0Reply
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