Key West, FL short-term rental rules
In Key West a home can be rented for less than 30 days only if it holds a city transient rental license, and the city does not issue new ones — a buyer must acquire a property that already carries one.
Does this apply to you?
Permits capped · The city issues no new transient rental licenses; the only way in is to buy or transfer a unit that already holds one, or qualify under the Truman Annex 1998 grandfather application.
- restricted
Renting your primary residence
You live there and rent a room, or the whole home while you are away.
Owner-occupancy does not create a right to rent short-term. The code prohibits all unlicensed transient rental use of residential dwellings, and transient means any rental for less than 30 days or one calendar month, or advertising the home to transients. Without a transient license the home can only be rented on 30-day-or-longer terms, which still requires a City of Key West non-transient rental business tax receipt. Licensed homes must display a city medallion, keep a 24/7 contact, pass a fire marshal inspection, and hold a DBPR license.
Verified 2026-09-05 · City of Key West Code of Ordinances, Sec. 122-1371 Transient living accommodations in residential dwellings (Municode) · City of Key West — Licensing Division FAQ, residential rentals
What the source says
Except as provided in section 122-1372, all unlicensed transient rental use of residential dwellings is prohibited.
— City of Key West Code of Ordinances, Sec. 122-1371 Transient living accommodations in residential dwellings (Municode)All residential rental properties are required to have a City of Key West Business Tax Receipt. Residential rentals are divided into two primary categories: non-transient (may not be rented for less than 29 days at a time) and transient 28 days or less.
— City of Key West — Licensing Division FAQ, residential rentals
- restricted
Whole-home investment property
You do not live there; the unit is rented short-term full time.
Only if the unit already carries a city transient rental license, which stays with the property and can transfer to a buyer for a fee of ten percent of the annual license tax. The city's rate-of-growth ordinance means no new transient units are created; Division 6 of the zoning code allows existing transient units and licenses to be moved between parcels but states that it does not create new ones. The city publishes an annual map and address list of licensed transient properties so buyers can verify a listing. A separate one-time application path exists for Truman Annex (HPRD) units rented transiently before January 1, 1998.
Verified 2026-09-05 · City of Key West Code of Ordinances, Sec. 122-1336 Transfer of transient units — Purpose (Municode) · City of Key West — Map & Addresses of Transient Rental Properties
What the source says
This division is only for the purpose of the transfer of transient units and shall not be construed to create new residential or transient units.
— City of Key West Code of Ordinances, Sec. 122-1336 Transfer of transient units — Purpose (Municode)Transient living accommodations or transient lodging means any unit group of units, dwelling, building, or group of buildings within a single complex of buildings, which is 1) rented for a period or periods of less than 30 days or one calendar month, or which is 2) advertised or held out to the public as a place rented to transients, regardless of the occurrence of an actual rental.
— City of Key West — Map & Addresses of Transient Rental Properties
- Not reviewed yet
Tenant subletting short-term
You rent the home and want to host guests with landlord consent.
We have not yet reviewed whether a tenant can operate a short-term rental in Key West. Note that Sec. 122-1371(d)(8) makes it a violation to lease space to roommates for less than 30 days without a transient license.
STR Law Map is a reference, not a law firm. Nothing here is legal advice. Rules change — confirm current requirements with the city before operating.
Which government controls the parcel
This record governs addresses inside the City of Key West city limits in Monroe County, Florida — Old Town, the Historic District, New Town, Truman Annex, Bahama Village and the Key West portion of Stock Island. It does not govern the rest of Stock Island, Key Haven, or Big Coppitt (unincorporated Monroe County, which has its own vacation-rental ordinance), nor Marathon, Islamorada or the other Keys municipalities. Confirm on the Monroe County Property Appraiser parcel page that the taxing authority is City of Key West.
The rules
Key West is one of the most restrictive short-term rental markets in Florida. Since Ordinance 02-06 (2002), all unlicensed transient rental use of residential dwellings is prohibited, and transient means any rental for less than 30 days or one calendar month, or simply advertising the home to transients whether or not a rental occurs. Only properties that already hold a city transient rental business tax receipt and medallion may rent short-term, and under the city's rate-of-growth ordinance no new transient units are created; existing units and licenses can only be transferred between parcels under Division 6 of the zoning code. The one carve-out is the Truman Annex, where owners of HPRD units rented transiently before January 1, 1998 could file a one-time application for a residential transient rental permit.
A licensed transient property renews annually with the Licensing Division (1300 White Street, 305-809-3959) by September 30, paying the business tax receipt plus an inspection and enforcement fee set by City Commission resolution (the fee amount is not stated in the code and we did not locate the current resolution). The application requires proof of ownership, an approved fire marshal inspection, square footage and bedroom count, the owner's tax ID, a Florida sales-tax number and DBPR Chapter 509 license, a 24-hour operator contact, and signatures of all owners and managers. Operators must display the city medallion outside, post the contact person's name and number, keep a tenant and vehicle register, use a written lease, and provide one off-street parking space per unit outside the historic district. The license transfers on sale for ten percent of the annual license tax. Unlicensed homes rented for 29 days or more still need a City of Key West non-transient rental BTR and, per the Licensing FAQ, a Monroe County BTR.
Lodging tax stacks to 12.5%: 6% Florida sales tax plus the 1.5% Monroe County surtax (7.5% to the Department of Revenue) and the 5% Monroe County Tourist Development Tax paid to the Monroe County Tax Collector. The Tax Collector states in capitals that it has no agreement with Airbnb, Vrbo or any online platform, that these platforms do not remit the 5% TDT, and that it is the homeowner's responsibility to file monthly through TouristExpress. Every rental property also needs a local business tax regardless of rental length, and the Tax Collector runs a fraudulent-rental hotline.
Violations are a misdemeanor punishable by up to $500 per day, per unit, per violation, enforceable through the code enforcement special master, by revocation of the license, and by injunction sought by the city or any Key West citizen; brokers who advertise an unlicensed home face BTR revocation. The core ordinance (02-06, amended 2005, 2006 and 2022) predates the June 1, 2011 cutoff in Fla. Stat. § 509.032(7)(b), so the city's prohibition on unlicensed sub-30-day rentals is grandfathered, and Key West sits in the Florida Keys Area of Critical State Concern, which the statute also treats specially.
Not yet reviewed: the current inspection and enforcement fee resolution, the Sec. 66-109(10) business tax schedule, tenant-operated rentals, and rules for licensed guesthouses and hotels (a different license category).
At a glance
| Governing body | City of Key West (municipality) |
|---|---|
| Permit / license | Transient rental BTR + transient medallion (fire inspection); no new licenses, existing ones transfer only |
| Primary residence | No residence rule — licensed status decides |
| Whole-home investor | Only with an existing transient license attached to the unit |
| Night cap / minimum stay | Rentals under 30 days require a transient license; unlicensed homes 30-day minimum |
| Lodging tax | 12.5% (6% state + 1.5% Monroe surtax + 5% Monroe TDT, self-remitted — platforms do not remit) |
State context: Florida short-term rental laws — preemption, the DBPR license, and what cities may still regulate.
Primary sources
- City of Key West Code of Ordinances, Ch. 122 Div. 7 — Transient living accommodations in residential dwellings (Municode)
- City of Key West Code of Ordinances, Ch. 122 Div. 6 — Transient units (Municode)
- City of Key West — Map & Addresses of Transient Rental Properties
- City of Key West — Licensing Division FAQ
- City of Key West — Regulatory Licenses
- Monroe County Tax Collector — Tourist Development Tax
- Florida DOR — 2026 Discretionary Sales Surtax (DR-15DSS)
- Fla. Stat. § 509.032 (vacation-rental preemption)