This came up on a recent sale. The Seller had the property listed for short term occupancies on AirBnB and VRBO and had taken reservations. The Buyer intended to be an owner occupant and live there. Thus, they did ot see the bookings as posative attribute. The question came up as to what happens to those after the sale?
First, we should know the difference between a “rental” and a “licensing” of a property. A “rental” NO MATTER WHAT THE DURATION is an assignment of property rights, the right to EXCLUSIVLY use and enjoy the property, for a defined period of time. And in Florida a residential lease, a rental, DOES survive a sale…
Note that it looks like there was an attempt at the last revision to include “short term vacation rentals” but a licensing of a property is very different from a rental. If the occupancy is a rental then it would require a court order to forcibly remove a person.
A licensing of a Property on the other hand is an agreement in which the owner ALLOWS certain actions, such as staying at the property for a day or a week or whatever, to occur on the property BUT they continue to own and have full control over. Think about a hotel, as that is a licensing. If you act up in the middle of the night they can revoke the license and thow you out. There is no need to go to court to have you “evicted”.
Here’s where the answer gets a bit “cloudy”. Florida Staute does define a Vacation Rental – “Vacation rental.
