Airbnb Laws and Regulations Miami, FL

Miami Dade County’s Definition of Short-Term (Airbnb) Rental (STR)

Miami Dade County defines short-term rentals as any unit or residence rented to an occupant for less than 30 days or one calendar month. This definition remains irrespective of how you find occupants: through peer-to-peer platforms or realtors.

An Investors Guide to Owning a Vacation Rental in Miami Dade County

Miami Dade County has regulations governing the ownership of short-term (Airbnb) rentals in unincorporated areas. The County’s 34 municipalities have their own sets of rules to regulate the ownership of vacation properties.

The below rules apply to those unincorporated areas. You’ll also find municipality-specific rules for some of Miami Dade County’s most sought-after locations below.

Limitations, Zoning Restrictions, and Occupancy Limits on Vacation Rental Properties in Miami Dade County

There are no restrictions to how many vacation rental properties an investor can own in Miami-Dade County. While there aren’t short-term rental ownership restrictions, Miami Dade County does restrict where owners can operate a short-term (Airbnb) rental and the number of occupants allowed on a property.

Vacation rentals are restricted to areas designated to:

• Residential Communities
• Business and Office 
• Office Residential

These designations can be found County’s Comprehensive Development Master Plan Land Use Plan Map.

Furthermore, in Miami-Dade County, short-term (Airbnb) rental occupants are restricted to a maximum of two occupants per room, and two additional occupants per property, with a maximum of 12 people on a property, excluding three years and under.

The Cost of Setting up a Short-Term (Airbnb) Vacation Rental in Miami-Dade County

To ascertain how much you’ll need to budget for each short-term rental property you let in Miami Dade County, you’ll need to take into consideration: taxes, insurance, and registration.

Taxes for Miami Dade County Short-Term (Airbnb) Rentals

Miami Dade County collects a 3 percent convention Development Tax on short-term rental properties, in addition to 2 percent for a Tourist Development Tax and 1 percent for a Sports Franchise Tax.

Owners of short-term (Airbnb) rentals in Miami Dade County will also be subject to Florida’s 6 percent sales tax for “living quarters… [and] accommodations for rental periods six months or less.”

Owners must have the state’s Department of Revenue Certificate of Registration (Form DR-11) displayed at the short-term property and must pay Florida’s sales tax on the short-term (Airbnb) rental property. Failure to do so is illegal.

Thankfully, Airbnb remits state sales tax on an owner’s behalf.

Insurance for Miami Dade County Short-Term (Airbnb) Rentals

Miami Dade County does not mandate any specific insurance for a short-term rental; however, a realtor or real estate agent may suggest applicable insurance to reduce the risk associated with renting to transient tenants.

Registration and Licensing for Miami Dade County Short-Term (Airbnb) Rentals

The responsible party (the individual in charge of managing the short-term rental) must obtain a Certificate of Use (CU) from Miami Dade County before they can legally advertise or list short-term rental stays on peer-to-peer platforms.

The total cost to obtain a CU is $136.17.

• This cost entails:
• $36.70 for the certificate
• $89.97 for the mandatory inspection (which must be conducted within ten business days of application)
• $9.50 surcharge

These are annual fees, requiring short-term (Airbnb) rental accommodations to be inspected every year before the CU expires.

Responsible Party Requirements in Miami Dade County

Short-term rentals in areas designated as Estate or Low-Density Residential on the CDMP Land Use Plan Map must reside on the property for six months every calendar year and can occur while the property has vacation rental occupants.

In addition, Miami Dade County requires a responsible party to:

Before occupation, provide occupants a written notice detailing applicable laws, ordinances, and regulations, including those governing noise, use of communal areas, vehicle parking, public nuisance, and solid waste collection.

• Notify prospective transient tenants about disability access.
• Notify the HOA or condominium/cooperative association or board that the property will be used as a short-term rental property, as applicable.
• Ensure occupants comply with the Miami-Dade County Code of Ordinances Section 33-28, and report any violation of the Ordinance to law enforcement or the relevant Department and the peer-to-peer platform.
• Be available 24/7 to resolve violations regarding the short-term vacation rental.

Property Requirements for Vacation Rentals in Miami-Dade County

While there aren’t any structural restrictions for vacation rentals in Miami Dade County, owners can rent Accessory Dwelling Units (ADUs) and condos on a property to transient occupants; they must ensure that:

• A pool on the property must comply with the safety features listed in Section 515.27 of the Miami-Dade County Code of Ordinances
• No more than two cars are parked in the driveway, designated area, street, or swale connected to the property.
• Properties within 2,500 ft of a school are not rented to a sex offender on any registry.

Fines and Penalties for Violating Short-Term (Airbnb) Rental Restrictions

Violating the Miami-Dade County Code will be subject to civil penalties outlined in Chapter 8CC of the Miami-Dade County Code of Ordinances.

Furthermore, operating a vacation rental without a CU will also incur a penalty of:

• $100 for the first offense
• $1,000 for the second offense (if it occurs within 24 months of the first offense)
• $2,500 for the third offense (occurring within 24 months of the most recent offense)

If the penalties are not paid, or the violations are not corrected, the County will place a lien on the property. 

Who to Contact About Questions Regarding Miami Dade County Vacation Rentals

Miami Dade County has made it easy to get in contact regarding any questions you have about a short-term or vacation rental, enabling you to reach the County by calling 311 or 305-468-5900.

Miami Dade County Municipality’s Short-Term (Airbnb) Rentals Regulation

While the aforementioned rules apply to unincorporated areas within Miami Dade County, if you decide to conduct a vacation rental in one of the County’s municipalities, you’ll need to abide by the municipality’s short-term rental regulations.

For information relating to Miami Beach, FL, vacation rental rules, click here; otherwise, read below for regulations governing five of Miami Dade County’s most popular tourist destinations.

City of Miami Vacation Rental Regulations

Many of the rules that apply in Miami-Dade County also apply in the city of Miami, with the exception being zoning.

Short-term (Airbnb) rentals are considered “lodging use” in the City of Miami and are only permitted in areas where lodging is allowed as defined in Miami 21 Article 4 Table 3.

North Miami Beach Vacation Rental Regulations

In North Miami Beach, owners can only rent out their properties three times in 12 months for short-term stays, defined as periods shorter than three months.

To lease a property on a short-term basis, a host will be required to register the property with North Miami Beach’s Community Development Department.

Coral Gables Vacation Rental Regulations

No ordinances exist that prohibit operating a vacation rental in Coral Gables, FL. 

However, the city prohibits short-term rentals (defined as any period shorter than six months) from operating in residential districts. Instead, such rentals are only permitted in Coral Gables Commercial-Limited, Commercial, and Industrial Districts.

Listing a property in Coral Gable’s single-family residential districts is punishable by a $150/day penalty.

Doral Vacation Rental Regulations

The City of Doral defines Airbnb rentals as any rental exceeding seven days and shorter than six months.

While the city permits vacation rentals, the shortest stay must be seven days or longer and requires that a host or owner apply to lease the property for each rental period, with the City of Doral limiting to three registrations in a 12-month period.

If a property is rented for less than six months without city approval, the owner will be subject to the following fines:

• $500.00 for the first violation
• $1,500 for the second violation within 12 months of the first violation
• $5,000 for the third violation within 12 months of the second violation
• $7,500 for the fourth violation within 12 months of the third violation

Questions about short-term rentals in the City of Doral can be directed to the Code Compliance Department at 305-593-6680 or codecompliance@cityofdoral.com.

Hialeah Vacation Rental Regulations

Short-term rentals are not prohibited in Hialeah, nor are there any ordinances dictating their operation.