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Daytona Beach, FL Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
LDC § 5.3.C.32.c.vii
Lease requirement
Must be in writing
Minimum term
Longer than six months
Short-term rentals
Effectively barred for ADUs
Applies to
Whichever unit is rented, house or ADU

Summary

If a Daytona Beach homeowner rents out an accessory dwelling unit, the Land Development Code requires a written lease running longer than six months, which rules out nightly, weekly, or month-to-month rentals of an ADU and keeps the unit tied to long-term housing.

vi.An ADU shall be occupied solely by a single household.vii.If the ADU is rented, there must be a written lease, and the lease must provide for a minimum lease period greater than six months.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 78 | Land Development Code: Supplement 36).

Full Breakdown

vii of the Daytona Beach Land Development Code conditions any rental of an Accessory Dwelling Unit on two requirements: the arrangement must be documented with a written lease, and that lease must run for a minimum period greater than six months. Read together with subsection vi, which limits ADU occupancy to a single household, and subsection v, which requires either the principal dwelling or the ADU to be owner occupied, the rule set channels ADUs toward stable, long-term rentals to one household rather than short-term or vacation-style stays.

An ADU landlord who wants to rent the unit cannot do so on a handshake or a month-to-month arrangement; the lease has to be in writing and has to specify a term exceeding six months to satisfy the standard. Because the ADU program sits inside Article 5's accessory-use standards rather than the city's short-term rental rules, this six-month floor functions as the practical local barrier to using a Daytona Beach ADU as vacation or Bike Week lodging, even though the city does not otherwise regulate short-term rentals directly.

The requirement applies citywide wherever ADUs are permitted, including the SFR-5, MFR-12, MFR-20, and RP districts and the M-4, M-5, T-1, and T-4 mixed-use and transect districts, and it applies regardless of whether the principal dwelling or the ADU is the unit being rented out.

Violations & Fines

Renting an ADU without a written lease, or on a lease term of six months or less, is a Land Development Code violation enforceable under Section 10.4. The city can issue a $100 civil citation for a first offense and $250 for a repeat offense, and the Code Enforcement Board or a Special Magistrate can impose ongoing daily administrative fines under Chapter 162, Florida Statutes, which attach as a lien against the property.

Frequently Asked Questions

Can I rent my Daytona Beach ADU out for Bike Week?
No. Section 5.3.C.32.c.vii requires any ADU rental to run on a written lease longer than six months, so a weekly or short-term rental during Bike Week or Biketoberfest does not meet the standard.
Does the lease have to be in writing?
Yes. The code requires a written lease whenever an ADU is rented, and the lease term has to exceed six months; an oral or month-to-month agreement does not satisfy Section 5.3.C.32.c.vii.
What is the shortest lease I can sign for a Daytona Beach ADU tenant?
The lease has to run longer than six months. A six-month or shorter term, even in writing, falls short of the 'greater than six months' minimum set by Section 5.3.C.32.c.vii of the Land Development Code.

Sources & Official References

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