Primary-Residence-Only Rule: Cape Coral vs Fort Myers

Does my Fort Myers STR have to be my primary residence?

No. The City of Fort Myers does not require a short-term rental to be the operator's primary residence. Florida Statute § 509.032(7)(b) preempts the city from imposing primary-residence-only, residency, owner-occupancy, or per-operator cap restrictions on vacation rentals. Investment-property STRs, second-home STRs, corporate/LLC/trust-owned STRs, and out-of-state owner STRs are all permitted in Fort Myers on the same terms - hold the Florida DBPR Vacation Rental Dwelling or Condo license, the City of Fort Myers Local Business Tax Receipt, the Lee County BTR, and remit the 6% state sales tax, 0.5% county surtax, and 5% Lee TDT.

Can an out-of-state investor or LLC own and operate multiple STRs in Fort Myers?

Yes. There is no city-level cap on how many STRs a single operator, individual, LLC, or corporation may hold in Fort Myers, and there is no residency requirement. Out-of-state investors and LLCs may operate STRs in Fort Myers on the same terms as resident owners. Each STR requires its own Florida DBPR Vacation Rental Dwelling or Condo license, its own City of Fort Myers Local Business Tax Receipt, its own Lee County BTR, and its own sales tax / TDT account (or a consolidated account covering multiple properties under the same operator). HOA/condo CC&Rs and pre-2011 zoning grandfathered to specific parcels may still impose restrictions per property - verify before purchasing for STR use.

Can my HOA or condo association prohibit my Fort Myers STR even though the city allows it?

Yes. Florida's vacation rental preemption at FS § 509.032(7)(b) limits what local GOVERNMENTS may do; it does not preempt private HOA or condominium association rules. Many Fort Myers condo associations and HOAs (especially in newer communities and downtown buildings) have CC&Rs or association rules that prohibit STR use entirely, impose minimum rental periods (often 30 days, 60 days, or 6 months), require board approval of tenants, or impose additional fees. These private restrictions are enforceable by the association under the governing documents and may be aggressively enforced. Review your HOA or condo declarations, bylaws, and rules BEFORE purchasing or listing - the city's permissive STR rules do NOT override private deed restrictions.