Short-term rental agreement: what to include for stays under 30 days
A short-term rental agreement for a stay under 30 days should cover the dates, the guest count, house rules, the deposit, cancellation terms, and taxes. In states such as Florida and California, a guest on a stay that short is often treated as a transient lodger instead of a tenant, which changes how a host removes someone and which taxes apply.
Florida draws the line in section 509.013. A transient public lodging establishment is any unit or dwelling rented to guests more than three times in a calendar year for periods of less than 30 consecutive days, or advertised as a place regularly rented for less than 30 days. Those rentals fall under the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
The difference shows up at check-out. Section 509.141 lets an operator remove a guest who fails to check out by the time specified in writing at check-in, or who fails to pay by that check-out time. For those reasons, the operator must give the notice to leave in writing, by email, text message, or printed paper. A guest who stays after that notice commits a misdemeanor of the second degree. A tenant, by contrast, can be removed only through an eviction case. Our post on when a guest legally becomes a tenant explains how that line can move.
Section 509.141 lists other grounds for removal that a good set of house rules should echo. They include being intoxicated, profane, lewd, or brawling on the premises, and conduct that disturbs the peace and comfort of other guests. The same section says admission or removal may not be based on race, creed, color, sex, physical disability, or national origin. A host who writes the house rules around those grounds, and applies them the same way to every booking, has a clear record if a removal is ever questioned.
California reaches a similar result through Civil Code section 1940(b). The state's rules for hiring dwellings do not cover a person in transient occupancy of a hotel, motel, residence club, or other facility when the stay is or would be subject to local occupancy tax under Revenue and Taxation Code section 7280. That section lets cities and counties tax stays in a hotel, inn, tourist home or house, motel, or other lodging, unless the occupancy is for more than 30 days.
Taxes follow the same short-stay logic. Florida section 212.03 levies a 6 percent transient rentals tax on the total rent charged, which the host collects from the guest and sends to the Florida Department of Revenue. Local taxes may apply on top of that, so check with the county before quoting a price.
Here is a five-night Florida booking at $250 a night. The rent is $1,250, and the state tax at 6 percent adds $75, before any local tax. The host collects a $500 damage deposit and uses a tiered cancellation policy: a full refund of rent if the guest cancels 14 or more days before check-in, 50 percent if the guest cancels 7 to 13 days before, and nothing after that. With check-in on June 10, a guest who cancels on June 1 is 9 days out and gets back $625 of the $1,250 rent, plus the full deposit.
Local rules matter as much as state law. Many cities and counties require hosts to register, hold a permit, or show a license number in the listing, and some limit how many nights a home can be rented each year. Check the city or county website before the first booking. Check any association rules too, since California Civil Code section 4741(c) lets a common interest development ban rentals of 30 days or less.
Clauses that belong in a short-term agreement
Start with who is bound. Name one primary guest who signs the agreement, lists every overnight guest, and accepts responsibility for the whole group, including damage and noise complaints. Then add the clauses below, adjusting the numbers in brackets to fit the property.
Occupancy. No more than [6] guests may stay overnight, and no more than [10] people may be on the property at any time. Guest may not transfer this reservation or sublet any part of the property.
Check-in and check-out. Check-in is after 4 p.m. on [arrival date]. Check-out is by 11 a.m. on [departure date]. A late check-out requires Host's written approval before 9 p.m. the night before departure.
House rules. No parties or events. Quiet hours run from 10 p.m. to 8 a.m. No smoking indoors. Pets only with Host's written approval. Guest shall follow the attached association rules.
Damage deposit. Guest pays a $500 deposit before check-in. Host will return the deposit within 14 days after check-out, minus documented charges for damage beyond normal use, missing items, or extra cleaning, with an itemized list of any charges.
Cancellation. Guest receives a full refund of rent for a cancellation 14 or more days before check-in, a 50 percent refund for a cancellation 7 to 13 days before check-in, and no refund for a cancellation less than 7 days before check-in.
Write the check-out time into the agreement and repeat it in the check-in message, since the Florida removal rule turns on a time specified in writing. Add an inventory if the place is furnished; our furnished rental checklist shows how to list items and condition. If a booking stretches into a month or more, it needs a different document. Our guide to mid-term rentals of 30 to 90 days covers that middle ground, and a month-to-month agreement fits an open-ended stay.
Sources
Frequently Asked Questions
Does a Florida host refund prepaid nights after removing a guest?
Yes. Under section 509.141(2), an operator who asks a guest to leave must return the unused portion of any advance payment, though it may keep payment for each full day the guest stayed any part of that day.
When does the Florida transient rentals tax stop applying?
Section 212.03 does not apply to a person with a bona fide written lease for continuous residence longer than 6 months. A person who resides continuously longer than 6 months after paying the tax for 6 months is also exempt.
Who can charge occupancy tax on a California short stay?
Under Revenue and Taxation Code section 7280, a city, county, or city and county may levy the tax. A county's tax applies only in unincorporated areas, and the tax cannot reach an occupancy of more than 30 days.
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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