Florida law preempts cities and counties from banning short-term rentals outright, but HOA covenants are separate. Many Tallahassee HOAs explicitly prohibit short-term rentals, mid-term rentals, or any rental shorter than 6 or 12 months. Operating without checking your HOA covenants first can mean cease-and-desist letters, fines, and forced cancellations after you’ve furnished and listed.
Why HOAs Restrict Rentals
HOAs restrict rentals to maintain neighborhood character, limit transient traffic, reduce noise complaints, preserve property values, and avoid the perceived nuisance of frequent guest turnover. The restrictions are typically in the original deed restrictions or covenants, conditions, and restrictions (CC&Rs), and they’re enforceable. Florida courts have consistently upheld HOA rental restrictions.
Tallahassee HOAs Known to Restrict Rentals
- Killearn Estates, covenants typically restrict rentals shorter than 6 months
- Southwood, varies by section, many restrict to 12-month minimum
- Bradfordville Trace, varies by phase
- Many planned communities and gated subdivisions, confirm before assuming you can rent
Older single-family neighborhoods (Indian Head Acres, Lafayette Park, parts of Midtown, Lake Bradford) typically have no HOA at all and no rental restrictions. The closer you get to FSU and the older the neighborhood, the more likely you can rent freely.
How to Check Your HOA Rules
- Read your deed. Original deed should reference the CC&Rs filed with the property.
- Get the CC&Rs. Filed with Leon County records. Available online via the Leon County Clerk’s office, or your HOA management company.
- Look for “rental,” “lease,” “occupancy,” and “transient” sections. Specific language that bans STRs may include any of these.
- Check for amendments. HOAs frequently update CC&Rs to add rental restrictions in response to changing markets.
- Ask the HOA management company directly. They’ll know specifically what’s permitted.
- Talk to your real estate attorney. Specific covenant language matters, interpretations can be subjective.
If Your HOA Bans Short-Term Rentals
- Mid-term rentals (30+ days) are often allowed even when STRs are banned, read the specific language
- Stays of 6+ months are generally exempt from “transient rental” restrictions
- Long-term traditional rentals are typically allowed even when STR is banned
- Selling and moving to a non-HOA neighborhood if rental income is the primary goal
Not sure if your Tallahassee HOA allows rentals? Reach out, we can help you read the CC&Rs and determine which rental strategy (STR, mid-term, or sublease) fits your specific covenants. See our DBPR license guide for the state-level rules.