Short-term rentals in Winter Park, FL

[Jaclyn38]

Hello Winter Park, FL Hosts-

We’ve been hosting in Winter Park for about a year and have just recently received a notice from the city saying we need to shut down our short-term rental. City rules require we change our listing to a 27-day minimum rental, which we just did in order to comply and not get fined. However, we are looking to fight this. 

has anyone else received this notice and had success in appealing to the city?

I called the city and they said this notice wasn’t just sent to us, but they’re cracking down and sending it to every host in Winter Park. 

I would love to get a group of us together to appeal to the city commissioners to meet us in the middle somewhere. 

AirBnB is collecting occupancy taxes that should be going to the city, so they’re making money on these listings as well as the local businesses.

These are all people that want to stay in and spend their money in our local shops and restaurants, but can’t afford the high priced ticket to stay in a local hotel. Our home offers an option to them. 

I’m interested to hear what you’ve all heard or if you’ve been able to work with the city on your listing. 

best,

jaclyn

[James2695]

We need to bring this up at the city commissioner meeting. This is ridiculous that they are targeting Short Term rentals.

[Clara610]

I am interested in meeting about the subject.

[Keely9]

I’ve received letters from them since 2018, when I started my winter park Airbnb, and I ignored them.  I received one a month ago stating I have to speak to the board on sept 1 which I can’t ignore. I’m unsure how they can try to enforce anything when the Florida statute states that local governments cannot interfere and/or control the length of time it is rented out? No one on my street has complained, I pay taxes and I vet every guests requiring them to pay a refundable deposit; This has weeded out any bad guest as everyone wants their money back. Did anyone else receive the letter to meet with the board on sept 1?

[James2695]

No, I didn’t see anything about any meeting September 1st. Are you referring to the city ordinance to limit the minimum number of nights. What time is that meeting I would like to attend it.

[Keely9]

I just emailed them that I'm unable to do Sept. 1.  I will update on what they say and when it gets moved to so others can also attend.

[Keely9]

[Steven1384]

Hi Keely, any update on the 9/1/22 meeting you were supposed to attend at City Hall? Really hope it went well, or if you even went!!

I'm considering purchasing a property in Winter Park but it would only be as a STR so if they are truly "cracking down" on STR's then it certainly gives me pause.  I also found an article that states the city had a community open house on 1/6/21  to discuss options for putting regulations in place (https://www.skyhinews.com/news/winter-park-considers-new-rules-on-short-term-rentals/ ) and another from 8/25/22 saying the city has decided to holf firm on not allowing STR's yet (https://www.orlandosentinel.com/news/orange-county/os-ne-winter-park-rentals-20220825-fs53tport5a7vp...

[Charlene255]

@Keely9 Any updates on the hearing?

We just started our STR in April of this year, and got our first letter of code violation today. A “guest” who was likely a city employee acting as a guest, messaged us if this was a long term rental and that she was looking for a few months rental. This “guest” also lived in Winter Park. 5 days later they searched our property and put a photo of our house and our notice of code violation. We put so much time, energy and money into getting this home ready to STR, we absolutely rely on this income to not only pay our mortgage but also to for additional income since I’m at stay at home mom. I am so infuriated that this city can dictate what we can do with our own property. We have never, not even once had a party nor a noise complaint. I also know of 2 other hosts in WP that received letters and one actually canceled all her future bookings (I know because a guest contacted us in a panic looking for another home to stay in asap).

I think the city is cracking down because in August they voted to keep the STR regulations to one month minimum. I’m trying to find a way to fight this, but the state’s laws against cities trying to restrict STRs was passed in 2011, and Winter Park’s regulations are apparently older than that, so they are grandfathered in and therefore legal to uphold.

We could do a petition? I think some people would support it, there are almost no hotels in the area and a ton of people have family trying to visit from out of state due to the college. 

This is insane that this type of thing is happening in FL! I moved from CA to get away from government trying to control every aspect of our lives!

[Helen3]

Hello @Charlene255 

A little confused by your post. Did you not check the STR regulations in your area before starting up your short term rental business?

If you want to continue to do STR why don't you abide by the regulations and put your STR on a one month minimum.

The STR regulations have been in place in Florida for some time. Many areas that are oversaturated with STRs have or are bringing in regulations to control them not just because of anti-social behaviour and noise but because of the severe impact they are having on long term rental markets meaning people can no longer afford to live in their communities because of the shortage of long term rentals have pushed rental prices up.

[Charlene255]

@Helen3 We didn’t. We intended to live there, but due to a tragic and traumatic event that happened in that house, we decided we could not stay. Thanks for your suggestion but that won’t work for us financially. 

[Caitlin295]

Hi everyone, I wanted to join this conversation as I also received a notice. 

"Ordinance" is another word for "by-law," which is used in the formation of every corporation. The City of Winter Park is a corporation. Enforcing the corporation's rules to limit or restrict the use of our private property is the same thing as any other corporation like Walmart or Mcdonald's enforcing its rules upon its employees...

... we are not employees or contractors with the corporation of Winter Park, and they depend on our ignorance of that fact to gain our compliance. The fact is: They do NOT have any rights to limit or restrict the use of our private property because they do not own it. 

It is important that we respond to any letters they send us because it's our silence that is taken as acquiescence and acceptance of the control they are attempting to have over us as property owners.

I am responding to the City with the following letter asking for more information. Feel free to ask similar questions 🙂 I do not believe there is any way the City can respond to these questions with lawful, true information, which would prove that their "right" over our property via their code is nothing but an illusion. 

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Will keep y'all updated 🙂 

[Allen333]

Hey @Caitlin295 !  Any updates from the city?  Grateful for any insight you might offer...

Allen

[Helen3]

Was there no information on your local government website about their STR regulations @Allen333?

[Caitlin295]

I have sent them many screenshots showing that I am turning down reservations because of them. I sent them with yet another letter in response to a notice of violation they sent (from just an "officer"). They never responded to any of my letters. Now they are threatening $250/day fines "per violation" but I have told them that I'm NOT in violation for simply having my property listed. 

Further, if I am allowing guests like friends, family, and business colleagues to stay in my house, that is also not a violation. There is no rental agreement, even if I use Airbnb to facilitate. 

I am looking into hiring a bulldog attorney to see if there is anything more I can be doing. Let them fine me; I won't pay because they have no evidence.