Orange County (unincorporated), FL short-term rental rules
Whole-home nightly and weekly rentals are prohibited in most residential zones under Chapter 38; the residential path is an owner-occupied bed-and-breakfast homestay.
Does this apply to you?
Zone-limited · No permit cap; zoning under Chapter 38 decides whether any short-term use is allowed.
- conditional
Renting your primary residence
You live there and rent a room, or the whole home while you are away.
Only as a bed-and-breakfast homestay: an owner-occupied accessory use with up to six guest rooms and the owner residing on-site. Renting the whole home while away is not a permitted residential use.
Verified 2026-07-23 · Orange County Code, Chapter 38 Zoning (Municode)
- restricted
Whole-home investment property
You do not live there; the unit is rented short-term full time.
No. Standard investor whole-home short-term rentals are not a permitted use across most of unincorporated Orange County’s residential zones.
Verified 2026-07-23 · Orange County Code, Chapter 38 Zoning (Municode)
- 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 homestay in unincorporated Orange County.
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
Applies to parcels the Orange County Property Appraiser lists as “Unincorporated.” Addresses inside Orlando, Winter Park, Apopka, or another municipality follow that city’s code instead.
For the whole market — every jurisdiction that gets marketed under the same name — read the Orlando / Kissimmee guide.
The rules
If the property appraiser lists the address as “Unincorporated,” the City of Orlando rules do not apply — Orange County’s zoning code (Chapter 38) does, and it is also restrictive. Whole-home nightly and weekly rentals are prohibited in most residential zones.
The residential path is a bed-and-breakfast homestay: an owner-occupied accessory use, up to six guest rooms, with the owner residing on-site. Standard investor whole-home short-term rentals are not a permitted use across most of the unincorporated county.
Lodging tax is about 12.5%: 6% state, 0.5% county surtax, and the 6% tourist development tax remitted to the Orange County Comptroller (Airbnb and Vrbo collect it under agreement). Orange County’s pre-2011 restrictions are grandfathered under Fla. Stat. § 509.032(7)(b).
At a glance
| Governing body | Unincorporated Orange County |
|---|---|
| Permit / license | Bed-and-breakfast homestay (owner-occupied accessory use) |
| Primary residence | B&B homestay — owner on-site, up to six guest rooms |
| Whole-home investor | Prohibited in most residential zones |
| Night cap / minimum stay | None stated |
| Lodging tax | 12.5% (6% state + 0.5% surtax + 6% Orange TDT) |
State context: Florida short-term rental laws — preemption, the DBPR license, and what cities may still regulate.