Loophole to fight short term rental law

Chad-Jason0
Level 2
Sarasota, FL

Loophole to fight short term rental law

Hello,

 

I am currently fighting Sarasota county on short term rental laws.  Siesta key is a vacation destination and they are only allowing 30 days rentals at this point.  Wouldn’t it be not really a rental if I charged basically nothing for the rental and I only charged the cleaning fee?  $10 is the min you can charge for a night but that would go towards a gift card. Any thoughts? 

83 Replies 83
Tony134
Level 10
Sarasota, FL

This is really ridiculous, when you have 20 or more hosts together ready to chip in for an attorney, i'll be ready to get involved then, in in Sarasota.

 

This is how the dirty Sarasota council works, I'll explain:

 

Sarasota is a Florida Charter County. Regular counties in Florida have specific powers granted to them by the state, and only those powers. Charter counties on the other hand, can make any rules they want That Don't Conflict With State Law.

 

That last part is important. In the charter creation statutes, it states that 'No Charter County shall make or enforce laws controlling rents.' The only reason the Sarasota restrictions stand is because no-one challenges them against state law. This is the best part: the reason they keep this law is because it keeps poor folk out of the decent areas and for the holidays, unless you can afford to vacation for a month straight! 

 

Sarasota council members front like they give a dang about the people of Sarasota, but they are mostly just financed by big hotel lobbies and whatnot, they are corrupt as D.C. They know all of this, but are in big hotel pocket. Your mistake is going to the County meetings to plead your case instead of getting aggressive with the commissioners.

 

The minute Sarasota complains to me about my airbnb after being paid thousands of dollars in taxes, I'm going to ask the local court to get an order to the commissioners to enforce the law equally across Sarasota (which they can't) and then I will personally go down to Main Street and collect the few thousand signatures(takes ten days) it takes to have the commissioners removed from office.

 

If this is your livelihood, you better be ready to attack the commissioners directly without mercy, they are hypocritical fakes in bed with big hotels and will not back off otherwise.

I would love to join a group of Airbnb hosts to fight both county and HOA's, I am currently occupying a home in a development where I have been hosting one bedroom.  None of my guests have ever caused a problem and the language in the HOA by-laws is hazy at best.  I realize that my interests are two pronged the HOA and the county.  The income that I receive is crucial to my livelihood additionally I belive I that I am being targeted by members of my community.  

 

 

Please look up this case.  It is  Santa Monica Beach Property Ownersv. David Acord & wife.  This case went all the way to the appeals court and the judge ruled in favor of the homeowner.  This is a fairly recent case and gives a clear definition of what a  short term rental is not ie..Commercial or business. 

Elaine196 - really great read and should give us all more hope! I liked this article about private property rights in the constitution too.  

 

https://www.cato.org/cato-handbook-policymakers/cato-handbook-policy-makers-8th-edition-2017/propert...

Just found your post on Airbnb.  We are in the same situation and wonder how it all worked out for you.  We own our home and rent out our guest bedroom for maximum three nights at a time but usually one or two nights. We are always here when we have guests and they follow all the rules of our association etc. Can’t understand how we are hurting anyone!  We need Airbnb as our retirement income and we are a superhost!
Would appreciate any information you can share on your experience.

Hi Linda, 

Were you able to resolve the issue of less than 30 days rental for a home locate outside of the city limit of Sarasota? Thanks

I’m interested in pursuing this further. Please reach out to me. Have you had any updates on this?

Attn FL residents- the state is now taking up the issue of short term rentals.  Check out Florida senate bill 1128 and the same bill in the Florida house bill 1011.  Call your representatives to voice your opinion.

Ever have any success fighting for your rights with Airbnb?

Did you ever get anywhere with your Airbnb? We are being harassed by the county code enforcers as one of our neighborhood nosy folks reported us. It is ridiculous as we are only renting  a bedroom and bath and we are always home when folks stay here. No noise/parties etc.  We respect our neighbors. They say we are not allowed to have short term people stay with us. Even friends!

looking for others in the area for support.

Sebastian424
Level 1
Gastonia, NC

We use airbnb on every trip we make, I love the fact that you can pick a unique location to stay, interact with the local community, plus I have found it to be a better price/quality relationship that traditional motel/hotel stay. I find that most airbnb guests are very respectful with the place they visit, I have never heard about any complaints. 

We are currently considering moving to Sarasota county and start a Airbnb ourselves but we are not really sure about the rules and regulations. 

Any input on how to do it in the most legal way possible?

 

I just had a “Code Enforcement officer” out at the house talking to my guests twice while I was out of town. I get back today. Does anyone have any suggestions on how or if I should  contact them? 

 

Also so not sure how I can contribute but I’ll fight against them if you’re recruiting:)

Dianne159
Level 2
Sarasota, FL

I'll join any movement as well. I have mulled using a bedroom in my home out by I-75 for AirBnB (after staying at so many other people's great places) and find it distressing to not be able to rent for less than 8 days at a time. Certainly if my guests are in my home that I'm living in, I'm not going to allow them to "ruin" the character of the neighborhood - which is the common reason for the regulation. Plus, rentals bring in much-needed taxes for infrastructure as Sarasota explodes with visitors in big-box hotels that get tax breaks.

Kimberly172
Level 2
Sarasota, FL

Any Sarasota people have any updates? We are just about to close on a property in the City of Sarasota for the sole purpose of using it as a short term rental. There doesn’t seem to be much talk about what is currently going on. Code Enforcement Officers bothering my guests is of huge concern to me. 

Hi- just came across this forum ... !

We purchased a home in Sarasota - OUTSIDE of City limits in Feb 2019 - as a Vacation Home for us when down in FL & to rent out as AirBnb when we are not using it .. only to find out afterward that anything WITHIN the City Limits of Sarasota County has no minimum on rentals - we are just below Stickney Point off Tamiami & found out there is a "Once a month Rental minimum " I will be more than happy to pony up if there are enough of us to  fight this ...