Bradenton, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Per bedroom
- Two persons per bedroom, plus two additional persons
- Per living area
- One person per 150 square feet of temperature-controlled space
- Absolute ceiling
- Twelve persons
- Owner-occupied
- Cap does not apply
- Grandfathered cap
- Two per bedroom plus four, for five years
- Bedroom minimum
- 100 square feet plus closet or en suite bathroom
Summary
A vacation rental in the City of Bradenton, Florida is capped at the lowest of three figures: two persons per bedroom plus two, one person per 150 square feet of temperature-controlled living space, or twelve persons. Owner-occupied properties are outside the cap.
(a)The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form, and shall be limited to the lessor of:(1)Two persons per bedroom, plus two additional persons; or(2)One person per 150 square feet of temperature-controlled living space within the vacation rental; or(3)Twelve persons.(b)The maximum occupancy restriction as set forth above shall not apply when the property is occupied by the vacation rental owner.
Full Breakdown
Section 22-64 of the Bradenton Code of Ordinances sets the maximum occupancy of a vacation rental. The number is stated on the registration form and limited to the lessor (the code's printed word) of three measures: two persons per bedroom, plus two additional persons; one person per 150 square feet of temperature-controlled living space; or twelve persons. The twelve-person ceiling applies to every unit however large. The cap does not apply when the property is occupied by the vacation rental owner, and section 22-51 defines owner occupied as the primary and permanent residence of the owner.
What counts as a bedroom matters. Section 22-51 requires a room of at least 100 square feet with a bed or other place for sleeping and either a separate closet built into the room or an en suite bathroom. Bathrooms, kitchens, dining areas and main living areas do not count, and a room added or converted without required building permits is not a bedroom. Owners report bedrooms, full bathrooms and square footage on the application under section 22-52(b), and the certificate of registration states the maximum occupancy under section 22-53(c). An increase in bedrooms, living area or maximum occupancy requires an amended certificate under section 22-55.
Section 22-64(c) offers grandfathered status for five years to rentals that were operating at a higher occupancy when the article took effect. The grandfathered cap is two persons per bedroom plus four additional persons, on sworn proof of existing use, with applications due no later than January 1, 2023. Changing the number of bedrooms ends grandfathering, and it is treated as abandoned if no valid certificate exists for more than 13 continuous months. Section 22-65 separately exempts pre-existing rental agreements fully executed before the effective date.
Advertising is policed as well. Section 22-66 bars advertising above the maximum occupancy, and any such advertisement creates a rebuttable presumption that the rental was used in violation. The maximum occupancy must be posted near the main entrance under section 22-61(b)(1). Parking is tied to the cap by one space per four persons under section 22-62.
Violations & Fines
Section 22-67(a) makes it unlawful to rent a vacation rental for occupancy above its maximum, and unlawful to be an occupant when the number exceeds it. Each day is a separate violation. Section 22-68 allows code enforcement board penalties under Florida Statutes chapter 162, suspension of the certificate, injunctive relief and liens.
Frequently Asked Questions
What is the maximum occupancy of a Bradenton vacation rental?
Does the cap apply when the owner is staying there?
What counts as a bedroom under the rule?
Can I advertise a higher number of guests?
Sources & Official References
Other rules in Bradenton
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