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Short-term Rental Regulations in Miami, Florida Explained
If you’re eyeing Miami for real estate investment, you’re on the right track. Greater Miami received 23 million to 24 million visitors every year pre-Covid, and the tourism industry has been bouncing back since mid-2021. But aside from choosing the market, location and property you want to invest in, you’ll also need to know the short-term rental regulations in Miami before making any formal decisions.
With tourism being the biggest industry and moneymaker in Miami, you’d think Airbnbs were aplenty in every district and neighborhood in the city. But Miami-Dade County, which has over 30 different municipalities in its jurisdiction, has not exactly kept its doors wide open to short-term rentals. The cities of Miami and Miami Beach, in particular, have in fact been in litigation with Airbnb for several years now.
Miami Short-term Rental Zoning Map
The first step to operating Airbnbs in Miami is finding out which areas are permitted for short-term renting. Then you’ll have to make sure that the property you’re interested in falls under the land use category that the State allows.
Florida has strict land use and zoning rules when it comes to vacation renting. The land use structure can either be residential, lodging, or commercial. There is also a current proposal for an “apartment hotel” or “condo hotel” category.
The areas allowed for Airbnbs are in transect zones designated as Residential Communities, Business and Office, and Office-Residential according to the County’s Comprehensive Master Plan Land Use Plan.
To see if your chosen property or neighborhood is in one of these zones, visit Miami’s zoning map and click on “Tools” on the upper right hand corner. Select the “Layers” button and choose the “ZoningMiami21” option. Zoom in on the relevant structure and find the current and future land use plan for it by selecting the “Land Use” tab on the right.
You’ll need to find out a property’s zoning category because it’ll help you determine whether you need to apply for a warrant or an exception permit for it.
Short-term Rental Regulations in Miami
To legally operate an Airbnb in the city, there are various state, county and city regulations that you’ll have to follow. It’s critical that you abide by these ordinances in order to avoid hefty fines, penalties, and the possible closure of your Airbnb.
Miami-Dade County defines a short-term rental as a “vacation rental”, or “any dwelling unit or group of units in a condominium, cooperative or apartment building that is rented in whole or in part to a transient occupant for a period of less than 30 days”. Vacation rentals do not include a hotel, motel or a bed-and-breakfast.
The County allows vacation rentals to accommodate up to a maximum of 12 guests per property, excluding children under age 2. Only 2 guests can stay in each bedroom plus 2 additional persons per property.
Miami Airbnb regulations require hosts to keep a registry of names and dates of stay of all guests, including their invitees. They prohibit guests from parking more than 2 vehicles at any one time on the property or on the street directly in front.
Additionally, owners and hosts are expected to comply with all County requirements in regards to waste disposal, noise, public nuisance, pets, advertising and all other relevant local, state and federal laws.
In certain areas designated as Estate or Low-density Residential Use, owners or their authorized representatives must reside for more than 6 months per year in the properties they are leasing.
Miami Short-term Rental License
To get yourself further acquainted with operating a business in Miami, study the Guide to Opening a Business in the City of Miami. You’ll find all the specific zoning, building code, fire and tax receipt requirements you’ll need to accomplish to get a business license. Then, follow these step-by-step procedures:
1. Get a Florida DBPR license.
The State of Florida requires all business owners and operators to obtain a business license. To do this, go to the State’s Department of Business and Professional Regulation and file your application. Depending on the structure of your rental property, the State will issue one of two kinds of licenses: one for a dwelling, or one for a condo. A unit or group of townhouses, single-family homes, duplexes, triplexes and quadruplexes classify as a dwelling, while a condominium or cooperative will classify as a condo.
Under those two categories, there are also single, group, or collective licenses, depending on the number of properties you manage. If you manage one home, your property falls under “Single”. If you lease multiple units in one building, you’ll get a “Group” license. And if you’re hosting multiple units in multiple locations, that would fall under “Collective”.
2. Register with tax authorities.
Of course, this is a necessary step that no business owner can’t ignore. To register with the tax authorities, go to the Florida Department of Revenue to open an account. The State imposes sales, use, and discretionary surtaxes on short-term rentals which you’ll have to collect, pay and report.
If your property is homesteaded and you’re leasing it as a vacation rental, you may still be eligible for your homestead exemption — IF you don’t rent beyond 30 days in a year for 2 consecutive years.
County and state authorities also assess tourist taxes on Airbnbs for periods of 6 months or less. Go to the Miami-Dade County’s website and the Local Options Taxes page of the Florida Department of Revenue to get the details on the transient rental taxes that you’ll have to pay.
3. Get a Certificate of Use (CU).
Another all-important step is obtaining a Certificate of Use. Complete an application at the Miami-Dade County’s office, which you can also accomplish online. To obtain the CU, you must provide an attestation of the following:
a. License (or intention to obtain a license) from the Florida Department of Business and Professional Regulation (#1);
b. Registration with the Florida Department of Revenue (#2);
c. Insurance coverage to cover liability or harm to guests or their invitees; and
d. If applicable, a notification to your homeowner’s, condominium’s, or cooperative’s association that the property will be used as a vacation rental.
You’ll be required to pay a fee totaling $136.17 for the certificate, surcharge and inspection, which will be scheduled within the following 10 business days. Once the inspection is successful and you’ve fulfilled all the requirements, you’ll receive a notification and a number for your certificate which you can print out.
After you’ve printed out your CU, you’ll be required to place it in a conspicuous spot on your property, visible to guests. It’ll be valid for 1 year and you’ll need to renew it every year afterward.
4. Get a business tax receipt.
Finally, you’ll need to obtain a “BTR”, also known as an occupational license, from both the City of Miami and Miami-Dade County. The County issues BTRs every year beginning October 1st and ending September 30th.
Once you receive these BTRs, you’re expected to also display them prominently on your property, subject to inspection by Miami-Dade County officers.
Conclusion
As a rental host, manager or owner, you’ll need to know and comply with all the relevant Miami Airbnb laws. Ordinances tend to change over time, so be sure to visit Miami-Dade government’s official website periodically. In particular, go to the webpage for short-term vacation rentals to keep yourself updated on the precise Miami Airbnb rules that apply.
If you need help managing your rental, we’re here to assist. Cohostit provides turnkey management services — from marketing to cleaning, optimization to issue resolution. All the day-to-day tasks that can make short-term renting complex, challenging, and tedious.
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