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Orlando, FL Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

Source: Orlando STR ProgramView 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 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?
Not under the owner-occupied home sharing rules. City Code § 58.989 requires the short-term use to be incidental to a principal residential use on the same property, meaning a house you don't occupy doesn't qualify: leasing an entire unrelated unit for short-term stays isn't allowed unless it's a licensed Commercial Dwelling Unit or hotel/motel.
Can I short-term rent one side of my duplex if I live in the other?
Yes, with conditions. Section 58.989 allows home sharing of an entire second unit in a two-family dwelling if you occupy the other unit, both units are under the same ownership, and the rented unit's living area is no larger than the unit you live in.
What counts as 'the principal use' the rental has to be subordinate to?
It's your actual lawful residential use of the property: living there as your home. Section 58.989 ties the home-sharing accessory use to that principal residence 'in purpose, area and extent,' so the short-term activity can't outgrow or replace your own residential use of the property.

Sources & Official References

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