Orlando, FL Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Governing use
- Owner-occupied home sharing (§ 58.989)
- Required location
- Same property as host's residence
- Standard
- 'Incidental and subordinate' to principal use
- Two-family exception
- Only if owner occupies the other unit
- Whole-unit rentals
- Not allowed outside that exception
Summary
Orlando only allows short-term rentals as 'owner-occupied home sharing': an accessory use that has to sit on the same property as the host's actual residence. City Code § 58.989 makes the short-term use 'incidental and subordinate' to the principal residential use, which rules out renting out a house or unit you don't live in as a standalone investment property.
Owner-occupied home sharing is an allowable accessory use to the following lawfully existing residential uses:(a)Attached dwelling;(b)Mobile home dwelling;(c)Multifamily dwelling;(d)Multiplex dwelling;(e)One family dwelling;(f)Residential-office mixed development; and(g)Two family dwelling. The owner-occupied home sharing use must be incidental and subordinate in purpose, area and extent to the principal use, and located on the same property as the principal residential use. ... For two family dwelling units, owner-occupied home sharing is permitted for an entire dwelling unit if the property owner occupies the other dwelling unit and the living area of the unit for owner-occupied home sharing is equal to or less than the living area of the other dwelling unit. The two dwelling units must be under the same ownership.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Section 58.989, General Requirements, allows owner-occupied home sharing only as an accessory use to a lawfully existing attached dwelling, mobile home, multifamily dwelling, multiplex dwelling, one-family dwelling, residential-office mixed development, or two-family dwelling: never as a freestanding commercial use. The ordinance requires that the home-sharing use 'must be incidental and subordinate in purpose, area and extent to the principal use, and located on the same property as the principal residential use,' which ties every registered listing to an owner's or tenant's actual home rather than a separately held rental property.
Two-family dwellings get one narrow exception: an owner can home-share an entire second unit of a duplex if the owner occupies the other unit, the two units are under the same ownership, and the home-shared unit's living area is no larger than the unit the owner actually lives in. Outside that carve-out, leasing an entire dwelling unit for short-term, transient use is not allowed at all under this Subpart unless the property separately qualifies as a Commercial Dwelling Unit or a hotel/motel use under the Code. Registration still applies on top of the primary-residence rule, and a property that stops being the applicant's residence loses its basis for the home-sharing accessory-use status.
Violations & Fines
Advertising or operating a whole-unit rental where the owner or a qualifying tenant doesn't actually live on the property is not owner-occupied home sharing under § 58.989 and falls outside what the City will register. City Code § 58.990(e) treats any online listing for the rental of a room or part of a residential property as evidence creating 'a rebuttable presumption' that the property is being used as a home-sharing use, which the City can use in an enforcement proceeding.
Frequently Asked Questions
Can I rent out a house in Orlando that I don't live in as a short-term rental?
Can I short-term rent one side of my duplex if I live in the other?
What counts as 'the principal use' the rental has to be subordinate to?
Sources & Official References
Other rules in Orlando
Florida rules heatmap·Compare Orlando to another location·View the Florida short-term rentals overview
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