Renting Out Your Florida Homestead: When Protection Survives and When It Does Not

Florida’s homestead exemption protects a debtor’s primary residence from creditor claims. When the homeowner rents the property to someone else, the central question is whether the home still qualifies as the owner’s permanent residence. The answer depends on the type of rental, how much of the property is rented, and whether the owner continues to live there.

The Core Principle: Permanent Residence

Homestead creditor protection under Article X, Section 4 of the Florida Constitution requires the property to be the owner’s permanent residence. A home that has been fully converted to an income-producing rental is no longer the owner’s residence and loses its protection from judgment creditors. A recorded judgment that previously could not attach to the homestead will attach the moment the owner abandons the property.

This rule applies regardless of the owner’s subjective intentions. An owner who moves out, leases the entire home to a long-term tenant, and collects rent has converted the property from a residence into an investment. Courts treat that conversion as abandonment of homestead status for creditor protection purposes.

Temporary Rental While Absent

Temporary rental of a homestead does not automatically destroy creditor protection. Florida courts have consistently held that a debtor may leave the home temporarily and maintain homestead status as long as the debtor intends to return. A homeowner who rents the property for a few months during the summer while traveling, or who leases it briefly while working out of state on a consulting assignment, does not forfeit the exemption.

The critical factor is intent. Courts look at whether the owner maintained Florida residency indicators such as a Florida driver’s license, vehicle registration, voter registration, and tax return address. They also consider whether the owner purchased or merely rented housing elsewhere, and whether the lease term on the homestead suggests a temporary arrangement rather than a permanent conversion.

A short-term lease strengthens the owner’s legal position. An owner who signs a month-to-month rental agreement while working temporarily in another state presents a much stronger case than an owner who signs a multi-year lease with no clear plan to return. The shorter and more defined the rental period, the easier it is to demonstrate that the arrangement was temporary.

The 30-Day Statute: Tax vs. Creditor Protection

Florida Statute § 196.061 provides that renting a homestead for more than 30 days per calendar year for two consecutive years constitutes abandonment of homestead status “for tax purposes.” This statute is one of the most commonly misunderstood provisions in Florida homestead law. Property owners frequently assume that the 30-day rule also governs creditor protection, but it does not.

The tax exemption and the creditor protection are separate legal frameworks with different rules. The tax exemption under Article VII, Section 6 requires the owner to occupy the property as a permanent residence as of January 1 each year and is administered by the county property appraiser. The creditor protection under Article X, Section 4 turns on whether the owner has permanently abandoned the property as a primary residence.

An owner who loses the tax exemption because of rental activity does not automatically lose creditor protection. Conversely, maintaining the tax exemption does not guarantee that creditor protection remains intact. The two analyses overlap in many respects, but a Florida court evaluating creditor protection will apply the constitutional abandonment standard rather than the statutory tax rules.

Renting a Room While Living in the Home

When a homeowner continues to live in the property and rents a room or a portion of the home to a tenant, the creditor protection analysis is different from the tax analysis.

For creditor protection, Florida’s Second District Court of Appeal held in First Leasing & Funding of Florida, Inc. v. Fiedler, 591 So. 2d 1152 (Fla. 2d DCA 1992), that an entire triplex was entitled to homestead protection where the owner lived in a portion and rented the remaining units. The court applied a two-part test: whether the owner’s residence is a fraction of the entire property, and whether the property can be physically severed into residential and non-residential portions. Where the structure cannot be meaningfully divided, the entire property retains homestead protection.

More recently, the Third District Court of Appeal applied the same reasoning to a single-family home where the owner rented three of four bedrooms. The court found that because the residence could not be severed using an imaginary line, the entire property remained protected homestead.

For tax purposes, however, the Florida Supreme Court reached a different conclusion in Furst v. Rebholz, 361 So. 3d 293 (Fla. 2023). The court held that a property appraiser could reduce the homestead tax exemption proportionally when a homeowner gives a tenant exclusive use of part of the residence. The court reasoned that the portion rented to a tenant under an exclusive arrangement is not the owner’s “residence” for tax purposes.

This creates a gap between the two frameworks. An owner who rents rooms in a single-family home may retain full creditor protection under the constitutional exemption while losing a proportional share of the tax exemption. Homeowners should not assume that a property appraiser’s reduction of the tax benefit means creditor protection has also been reduced.

Duplexes and Multi-Unit Properties

Duplexes present the most uncertain area of Florida homestead rental law. An owner who lives in one unit and rents the other faces different outcomes depending on where the property is located and which court hears the case.

The 1968 amendment to the Florida Constitution removed the phrase “business house” from the homestead provision, limiting urban homesteads to residential use by the owner and family. Most bankruptcy courts interpreting this amendment have denied homestead protection for the rental unit of a duplex located within a municipality. The reasoning is straightforward: the rented unit is not the owner’s residence, and the 1968 amendment eliminated the basis for protecting commercial or rental portions of urban homesteads.

Outside municipal boundaries, the analysis may differ. The constitutional protection for rural homesteads extends to 160 acres, a provision historically designed to protect family farms that necessarily included commercial agricultural activity. Some courts in Florida’s middle federal district have applied this broader protection to permit income-generating uses on rural homestead land, while courts in the southern district have generally applied the residential-use limitation regardless of location.

For a duplex owner considering asset protection, the safest position is to avoid relying on homestead protection for any unit occupied by a paying tenant. The owner-occupied unit retains protection, but the rental unit may be vulnerable depending on jurisdiction and whether the property sits inside or outside a municipality.

Short-Term Rentals and Airbnb

Operating a short-term rental through platforms like Airbnb or Vrbo introduces risk that goes beyond temporary absence. When an owner rents part of the home to transient guests while continuing to live there, the property begins to resemble a commercial hospitality operation rather than a family residence.

Florida courts have not issued a definitive ruling on how short-term rental activity affects creditor protection when the owner remains in the home. However, the principle that homestead protection exists to shelter the debtor’s family rather than to protect commercial ventures suggests that extensive short-term rental activity could jeopardize the exemption. An owner who converts guest bedrooms into a regular income-producing operation is using the property for a purpose that the constitutional framers did not intend to protect.

The risk is especially acute for properties within a municipality. Urban homesteads are limited to residential use by the owner and family. A home that functions partly as a hotel may fall outside that limitation even if the owner sleeps there every night.

The more modest the rental activity, the lower the risk. Renting a room occasionally is unlikely to threaten creditor protection. Running a consistent short-term rental business from the property is a different matter entirely.

Converting a Homestead to a Full Rental

When an owner decides to permanently convert a homestead to a rental property, creditor protection ends at the moment of abandonment. A judgment that was previously unenforceable against the homestead will attach to the property as soon as the owner vacates.

This timing creates a planning consideration. An owner with existing creditors who wants to convert the homestead to a rental should understand that the property becomes vulnerable the day the owner moves out. If a judgment has already been recorded in the county, the judgment lien attaches automatically when homestead status is lost.

An owner in this situation may be able to sell the homestead while still living in it and reinvest the sale proceeds in a new homestead. Florida law protects sale proceeds from a homestead when the owner intends to reinvest in a replacement residence within a reasonable time and does not commingle the proceeds with other funds. Simply moving out and renting the property provides no such protection.

Practical Guidance for Homeowners

The safest approach is to continue living in the property as a primary residence. Temporary absences with short-term rentals during vacation periods present minimal risk to creditor protection. Renting a room within the home while continuing to live there is generally safe for creditor protection purposes, though it may reduce the tax exemption after Furst v. Rebholz.

Longer-term rentals of the entire property while the owner lives elsewhere require careful attention to residency indicators and lease terms. The shorter and more clearly temporary the arrangement, the stronger the owner’s case for maintaining homestead status.

Owners considering duplex investments or significant short-term rental operations should evaluate the creditor protection implications before committing, particularly for properties within a municipality. The homestead exemption was designed to protect family homes, and the further a property moves from that purpose, the greater the risk of losing protection.

For a comprehensive overview of how the homestead exemption protects against creditors, see the Florida homestead law guide. For information about what happens when homestead protection is lost during ownership transitions, see the discussion of homestead after death.