AIRBNB – SHORT TERM RENTALS PERMITTED IN FLORIDA

The City of Miami, trying to ban short term AIR BNB rentals, was sued by AIRBNB recently, stating that the ban violated Constitutional rights.  Well,  a Miami  Judge agreed with AirBNB, and felt that this lawsuit was not merited and  temporarily blocked Miami’s city government from going after thousands of Airbnb hosts accused of illegally renting their homes by the day and week. Judge Beatrice Butchko issued a temporary restraining order late Wednesday that bars Miami’s code compliance department from enforcing the city’s short-term rental ban in City of Miami residential neighborhoods. In issuing her order, Judge Butchko,  ruled “that the city was preempted by state law from enforcing its policy” (Source:  The Miami Herald).  “On behalf of our Miami host community, we are grateful to the Court for giving this important matter immediate attention,” Airbnb said in a statement. “We are hopeful that it will result in relief and fair treatment for the 3,000 Miamians who responsibly share their homes on Airbnb.”

While this temporary ban is now in place, many tenants have gotten into trouble with their own Landlords, and further raised violations for the landlord with certain homeowner associations that ban short term or Airbnb rentals.  It is crucial as a tenant to make sure that one, your residential lease permits “subleasing”, or renting to another person and that the property or association permits short term rentals.  By not doing so, you could find yourself evicted and facing thousands of dollars in violations and damages.

At the Jacqueline A. Salcines, P.A we bring over 17 years experience  in resolving landlord tenant disputes, both for residential and commercial contracts in Miami and throughout South Florida.