Miami, FL asked in Land Use & Zoning for Florida

Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You question is a bit vague. You seem to be asking, "If my current local zoning law prohibits vacation rentals in my building, is there something I can do to change that and/or to challenge it in court?" If that's the question, the answer is yes to CHANGING it, but only by persuading your local legislative body (county or city commission/council) to amend its code to allow it. Start by contacting the representative of your area on that commission/council. They may not want to budge on it, however, because the reason for such a code provision is to create neighborhood stability without transients going in and out. For that same reason, you likely CANNOT mount a successful court challenge, as the local government basically just needs to present a legitimate, logical reason for the rule in order for the court to uphold it. On the other hand, if you can show you are being treated unequally to neighboring places where vacation rentals ARE permitted, you may have a viable Equal Protection challenge.

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