Tallahassee permits long-term (30+ day) rental of ADUs as a single-household residential use consistent with the accessory-use framework. Short-term rentals (under 30 days) are regulated by Florida at Fla. Stat. Β§ 509.032, which preempts local short-term rental bans for properties licensed before 2011, plus the Florida Department of Business and Professional Regulation (DBPR) Vacation Rental license and Leon County Tourist Development Tax. Florida prohibits local rent control under Fla. Stat. Β§ 125.0103 and Β§ 166.043.
Long-term rental of a Tallahassee ADU to a single household for 30+ days is consistent with the accessory-use framework as long as the principal dwelling remains in active single-family residential use. Long-term residential tenancies are governed by Florida's Landlord and Tenant Act at Fla. Stat. Chapter 83 Part II (Β§Β§ 83.40-83.683), including security deposit rules (Β§ 83.49 β 15-day return or 30-day notice of claim), the warranty of habitability (Β§ 83.51), and eviction procedures (Β§Β§ 83.55-83.625). Short-term rentals (under 30 days, six times per year or more) β Airbnb, Vrbo, and similar β are regulated under: (1) Fla. Stat. Β§ 509.032(7), which preempts local outright bans on STRs but allows local regulation of noise, parking, and life-safety provided the regulation is not specifically directed at STRs in a way that would re-impose a ban; (2) the Florida Department of Business and Professional Regulation Vacation Rental license under Fla. Stat. Β§ 509.241; (3) Florida state sales tax at 6% and Florida Transient Rentals Tax under Fla. Stat. Β§ 212.03; (4) the Leon County Tourist Development Tax (commonly 5%) under Fla. Stat. Β§ 125.0104. Combined effective lodging tax is approximately 12-13%. Tallahassee's STR ordinance work has been constrained by the Β§ 509.032 preemption. Rent control: Florida prohibits local rent control on private residential property under Fla. Stat. Β§ 125.0103 (counties) and Β§ 166.043 (municipalities) β Tallahassee cannot cap ADU rents.
Failure to collect/remit Tourist Development Tax: Leon County Tax Collector enforcement under Fla. Stat. Β§ 125.0104, with interest under Fla. Stat. Β§ 213.235 and penalties under Fla. Stat. Β§ 213.21. State sales tax non-remittance: Florida Department of Revenue enforcement under Fla. Stat. Β§ 212.15. Unlicensed STR operation: DBPR enforcement under Fla. Stat. Chapter 509, including administrative fines. Improper eviction procedures: tenant remedies under Fla. Stat. Chapter 83 and possible damages. Security deposit violations under Β§ 83.49 can result in forfeiture of any claim to the deposit.
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