The more recent phenomenon of Airbnb is extremely prevalent throughout the State of Florida. Many homeowners have now begun to use their own properties as an Airbnb to allow people from out of state to rent their home as a short term stay. While Airbnb may be legal in the town of Florida that a homeowner lives in, it is not legal for a Tenant to rent the property to another resident as a Airbnb.
Most residential leases in the State of Florida only allow the actual Tenant to reside in the property as well as any other parties that the Landlord has approved. Additionally, most residential leases require a Tenant to obtain consent from the Landlord if they are going to assign or sublet the property. A Tenant that is using the rental property as an Airbnb is in violation of the lease as they are likely doing so without the Landlord’s knowledge and/or without their Florida Landlord’s consent.
If a Landlord discovers that their Tenant is using the rental property as an Airbnb in violation of the lease, the Landlord can take immediate action. As this is a non-monetary violation of the lease, the Landlord is required to give the Tenant a Seven (7) Day Notice pursuant to Florida Statute 83.56(2)(a) that they will be terminating the Tenant’s lease if they fail to take corrective action within seven (7) days. If the Tenant fails to take correct measures or vacate the property within seven (7) days, the Landlord has the right to commence Eviction Proceedings in Court.
What to Do
If you are a Landlord in the State of Florida and have a Tenant that is using your property as an Airbnb, contact your Florida Eviction Lawyers of 954 Eviction Attorneys, PLLC today @ 954.323.2529. Our attorneys are available twenty-four (24) hours a day, seven (7) days a week. We have office in both Lantana, Florida and Coral Springs, Florida. We serve Landlords and Property Managers throughout the entire great State of Florida.