Florida · Key West
Key West
Transient (vacation) rentals under 30 days are legal in Key West ONLY in a handful of non-residential zoning districts (HRCC-1, HRCC-3, HCT, HNC-1, HNC-3) AND only with a City Business Tax Receipt, an active State of Florida (DBPR) vacation-rental license, and the City's transient rental license/medallion. The City maintains a cap on new transient licenses, so existing licenses are effectively grandfathered and, per the City, converting a residential property to transient use is "very difficult, if not impossible." Residential rentals of 29+ days are non-transient and broadly allowed with a City Business Tax Receipt.
Not legal advice. Last verified 2026-07-02 · sources linked below.
Requirements checklist
-
state Florida DBPR Vacation Rental License Required
-
city City of Key West Business Tax Receipt (BTR) Required
-
city City Transient Rental License / Medallion (Regulatory License supporting the BTR) Required
-
city Designated Local Vacation Rental Manager Unknown
-
county Monroe County Tourist Development Tax Account + Local Business Tax Receipt Required
Taxes
| Tax | Rate | Administered by | Airbnb remits | Vrbo remits |
|---|---|---|---|---|
| Florida State Sales Tax (Transient Rentals) | 6% | Florida Department of Revenue (DOR) | Yes | No |
| Monroe County Discretionary Sales Surtax | 1.5% | Florida Department of Revenue (DOR) | Yes | No |
| Monroe County Tourist Development Tax (TDT) | 5% | Monroe County Tax Collector (self-administered / locally administered) | No | No |
Operating rules
- Primary residence
- —
- Min stay (nights)
- 30
- Max nights / year
- —
- Max occupancy
- Occupancy, off-street parking, and density (units-per-acre) standards are governed by Chapter 122 (Zoning); specific per-unit occupancy caps not confirmed verbatim in this pass.
- Zoning-restricted
- Yes
- Cap on licenses
- Yes
Grandfathering: The City maintains a cap on new transient (vacation rental) licenses; existing licensed transient properties are effectively grandfathered. New transient licenses in residential districts are not being issued, making conversion of residential property to transient use, per the City, 'very difficult, if not impossible.' Consistent with Fla. Stat. 509.032(7)(b), whose duration/frequency preemption 'does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011.'
Zoning: Transient use (rentals of less than 30 days) is permitted only in zoning districts HRCC-1, HRCC-3, HCT, HNC-1 and HNC-3. In HNC-1 and HNC-3, redevelopment/conversion of permanent housing to transient use is permitted only if no on-site reduction of permanent housing occurs. Residential rentals of 29+ days (non-transient) are broadly allowed with a City Business Tax Receipt.
- Non-transient residential rentals: 'may not be rented for less than 29 days at a time'; transient = '28 days or less'. Under 30 days triggers the state DBPR vacation-rental license and City transient/vacation-rental requirements.
- The City itself warns: 'The City has very few zoning districts in the historic district which allow transient use, and the City has very strict off-street parking and density (units-per-acre) requirements. These restrictions coupled with a current cap on new transient licenses makes it very difficult, if not impossible, to convert a residential property to transient use.'
Enforcement
- Active enforcement
- high
- Fines
- Reported penalties for operating an illegal transient rental include fines up to $5,000 per violation and up to 60 days imprisonment, with each day of unauthorized operation a separate violation. These specific dollar/jail figures come from a secondary aggregator (The Offer Sheet) and could NOT be confirmed firsthand against the City code in this pass; the underlying penalty structure derives from Chapter 122 code enforcement. Treat as unverified.
- Notes
- The City actively maintains and publishes a list/map of licensed transient rental properties (cityofkeywest-fl.gov/856) so the public can verify licensure before booking. The scarcity of transient licenses (capped, grandfathered) drives strong enforcement against unlicensed operations. Exact fine schedule should be verified against Chapter 122 and the City's code enforcement provisions.
Official sources
- program_page City of Key West FAQ - Requirements for Residential Rentals ↗ checked 2026-07-02
- program_page City of Key West FAQ - How can I confirm the validity of vacation rentals? ↗ checked 2026-07-02
- program_page City of Key West FAQ (Planning) - Transient zoning districts and cap on new transient licenses ↗ checked 2026-07-02
- program_page City of Key West - Regulatory Licenses (transient rental medallions) ↗ checked 2026-07-02
- program_page City of Key West - Map & Addresses of Transient Rental Properties (definition of transient lodging) ↗ checked 2026-07-02
- tax_page Monroe County Tax Collector - Tourist Development Tax (5%, self-administered) ↗ checked 2026-07-02
- tax_page Monroe County Tax Collector - Rental Property Requirements (BTR, TDT account, DBPR license) ↗ checked 2026-07-02
- tax_form Florida DOR Form DR-15TDT - Local Option Transient Rental Tax Rates (Monroe 5.0%, County-administered) ↗ checked 2026-07-02
- tax_form Florida DOR Form DR-15DSS - Discretionary Sales Surtax Rates (Monroe 1.5%) ↗ checked 2026-07-02
- program_page Florida DBPR - Vacation Rental & Timeshare Licensing Guide ↗ checked 2026-07-02
- statute Fla. Stat. 509.032 - Preemption of vacation rental regulation (June 1, 2011 grandfathering) ↗ checked 2026-07-02
- program_page City of Key West Planning Department ↗ checked 2026-07-02
- ordinance Key West Code of Ordinances Ch. 122 Div. 7 - Transient Living Accommodations (reference link, do not scrape) ↗ checked 2026-07-02
- aggregator The Offer Sheet - Key West STR guide (reference only for fine/fee figures, unverified) ↗ checked 2026-07-02
Informational summary of publicly available sources; not legal advice. Verify against the linked official sources.