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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified July 2026

Key Facts

Primary-residence rule for rentals
None stated in the county code
Bed and breakfast
Must be owner-occupied
PRFPD exception
Not required to be owner-occupied
Governing section
LDC Sec. 34-2 definition
Applies to
Unincorporated Lee County only

Summary

Unincorporated Lee County's code does not require a short-term rental to be your primary residence. The one owner-occupancy rule in the Land Development Code applies to bed and breakfast establishments, which must be owner-occupied unless approved inside a PRFPD.

These county ordinances apply to unincorporated areas of Lee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.

Source: Lee County Code of Ordinances & Land Development Code (Municode)View official code

Full Breakdown

Searching the Code of Ordinances and the Land Development Code turns up no primary-residence, homestead or owner-occupancy test for renting a dwelling short term. The only owner-occupancy requirement sits in a different use category. LDC Section 34-2 defines a bed and breakfast establishment as an owner-occupied conventional single-family residence that accommodates lodgers, and excuses only those approved as part of a Private Recreational Facilities Planned Development. Section 34-1493(b)(1) adds that a bed and breakfast needs no density-equivalency calculation when it has four or fewer rentable spaces without kitchens. Cities inside Lee County write their own rules.

Violations & Fines

There is no primary-residence violation to cite in unincorporated Lee County. Running a bed and breakfast that is not owner-occupied would instead be a zoning violation, handled through the county's normal code enforcement process.

Frequently Asked Questions

Must I live in my Lee County short-term rental?
The county code states no primary-residence or homestead requirement for renting a dwelling short term. The only owner-occupancy rule found applies to bed and breakfast establishments under LDC Sec. 34-2.
Does a bed and breakfast have to be owner-occupied?
Yes. LDC Sec. 34-2 defines it as an owner-occupied conventional single-family residence that accommodates lodgers. Only establishments approved within a Private Recreational Facilities Planned Development are exempt.

Sources & Official References

Other rules in Lee County

All Lee County rules

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Primary-Residence-Only Rule in Cities Across Lee County