Mid-term rentals: what a 30 to 90 day lease needs to say
A mid-term rental of 30 to 90 days is usually a tenancy under state landlord-tenant law, which means the occupant has tenant rights and the owner generally needs a court order to remove them. The main exceptions cover hotel-style transient lodging. A written residential lease with a fixed end date, clear deposit terms, and an early termination rule is the best protection for both sides.
Is a 30 to 90 day occupant a tenant or a guest?
Landlord-tenant statutes generally cover anyone who rents a dwelling unit, regardless of how long the stay is. States then carve out transient lodging, such as hotels and vacation rentals, where guests are treated differently. The 30-day mark shows up again and again in these carve-outs, so a stay longer than 30 days is far more likely to be treated as a tenancy.
Travel nurses, relocating employees, and people between homes often sign 60 or 90 day agreements for furnished units. Calling the paperwork a guest agreement does not change the legal status. What counts is the length of the stay, how the unit is offered to the public, and what the written agreement says.
How does California decide who is a tenant?
In California, Civil Code 1940(a) applies the landlord-tenant chapter to all persons who hire dwelling units, including tenants, lessees, boarders, and lodgers. Civil Code 1940(b)(1) excludes transient occupancy in a hotel, motel, residence club, or similar facility when that occupancy is or would be subject to tax under Revenue and Taxation Code 7280.
Section 7280 lets cities and counties tax occupancy of a room or other living space "unless the occupancy is for a period of more than 30 days." Read together, a California stay longer than 30 days falls outside the transient exclusion, so the occupant is covered by the state's tenant protections.
How does Florida treat furnished short stays?
Florida Statutes 83.42(3) excludes "transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging" from the residential landlord-tenant act. Chapter 509, enforced by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation, defines those terms.
Under Florida Statutes 509.013(4)(a)1., a transient public lodging establishment is a unit rented to guests more than three times in a calendar year for periods of less than 30 consecutive days, or one advertised that way. Section 509.013(12) says transient occupancy includes a vacation rental unit unless a written lease expressly states the unit is the guest's sole residence. That one sentence in a Florida lease can decide whether the occupant is a tenant or a transient guest.
What about Colorado?
Colorado defines a short-term rental property as a residential premises leased for less than thirty consecutive days for temporary, recreational, business, or transient purposes under C.R.S. 38-12-1301(12). A 60-day renter is a tenant, but Colorado's for-cause eviction rules do not apply to a tenant who has lived in the unit for less than twelve months under C.R.S. 38-12-1302(1)(e).
Notice still matters. C.R.S. 13-40-107(2)(c) sets a 21-day written notice period for tenancies of one month to six months. A tenant with a fixed term that ends at a set date does not need to give notice under C.R.S. 13-40-107(4), but a landlord who plans not to renew should calendar the notice early.
Do occupancy taxes apply to a mid-term rental?
Often, yes. In California, local transient occupancy tax under Revenue and Taxation Code 7280 applies only to stays of 30 days or less, so a 31-day lease generally falls outside it. Florida's transient rentals tax reaches further. Florida Statutes 212.03(4) exempts only a person with a bona fide written lease for longer than 6 months of continuous residence, so a 30 to 90 day Florida rental is generally taxable.
Local rules add another layer. Many cities and counties impose their own lodging taxes and short-term rental permits with different cutoffs. Check with the state revenue agency and the local tax office, and say in the lease whether the quoted rent includes any tax.
What should the lease say about dates, deposits, and early exits?
Start with a fixed start date and a fixed end date, plus a line stating that the lease does not renew automatically. If the owner is willing to extend, say how an extension works and how much notice the occupant must give to request one. Add a holdover rent amount for any days past the end date.
Deposit limits still apply to short leases. Colorado, for example, caps a deposit at two months' rent under C.R.S. 38-12-102.5. List the furniture and housewares in a signed inventory so the move-out inspection has a clear baseline.
Travel assignments get canceled, so an early termination clause helps both sides. Spell out the notice the occupant must give, any fee, and when the deposit comes back. In Colorado, a lease cannot charge a fee for failing to give notice of nonrenewal beyond the landlord's actual losses under C.R.S. 38-12-801(3)(a)(IV).
What happens if a mid-term occupant stays past the end date?
If the occupant is a tenant under state law, the owner generally cannot change the locks, remove belongings, or shut off utilities to force a move. The owner has to give whatever notice state law requires and, if the occupant still stays, file an eviction case. That process can take weeks, which is a long time for an owner who has the next guest booked.
A few lease terms reduce that risk. State the end date in bold type near the signature line. Set a daily holdover rent that applies to every day past the end date. Require the occupant to confirm the move-out date in writing two weeks ahead, and schedule the move-out inspection in the lease itself so both sides plan around it.
What else belongs in a furnished mid-term lease?
Name every occupant, state which utilities and internet are included, and explain who handles repairs during the stay. If the owner has a mortgage, condominium association, or local permit, confirm that a 30 to 90 day rental is allowed before signing. For Florida units, decide whether the lease will state that the unit is the occupant's sole residence and write it in plainly.
House rules matter more in a furnished unit. Cover guests, parking, pets, smoking, quiet hours, and care of the furniture, and explain how the owner will give notice before entering for repairs or showings.
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Frequently Asked Questions
Is a 30 day rental considered a tenancy?
Often, yes. California's transient exclusion in Civil Code 1940(b) is tied to occupancy taxed under Revenue and Taxation Code 7280, which covers stays of 30 days or less, so a longer stay is usually a tenancy with full tenant protections.
Do you need to evict a mid-term renter who will not leave?
Usually. If the occupant is a tenant under state law rather than a transient guest, the owner generally must use the court eviction process. A clear fixed end date and proper notice make that process faster.
Is a 60 day rental taxable in Florida?
Generally, yes. Florida Statutes 212.03(4) exempts only a bona fide written lease for longer than 6 months of continuous residence, so a 30 to 90 day rental usually owes the state transient rentals tax plus any local tax.
Jill Stradley covers landlord-tenant law, lease agreements, and the fine print that renters and landlords skip until something goes wrong. Her goal is to make state-specific rental law readable for people who aren't lawyers and don't want to become one. She lives in a rental herself and considers that a professional asset.
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