Airbnb Rental Laws and Regulations Miami Beach, Florida

How does Miami Beach Florida define a short-term (Airbnb) rental (STR)?

• A short-term (Airbnb) rental in Miami Beach, Florida includes rentals of multi-family apartment and townhome properties for a period of fewer than six months and one day.
• Airbnb rentals in Miami Beach are unique from other municipalities in that they can only operate within specific areas throughout the city. They also are prohibited in all single-family homes, which is something investors should note.

Please note, the terms vacation rental and short-term (Airbnb) rental are interchangeable, and both refer to the same thing.

Can an investor own more than one vacation rental property in Miami Beach Florida?

Yes, an investor can own multiple vacation rental properties in Miami Beach, Florida if each property meets the requirements set by the city. While there are restrictions on occupancy levels, the city puts no limit on how many properties an investor can own.

Does the city of Miami Beach Florida have any zoning restrictions for STRs?

There are many zoning restrictions in place in Miami Beach, Florida for short-term (Airbnb) rentals. The city has designated areas where STRs are allowed, as well as other areas where they are not allowed. 

In addition, some areas have capped occupancy levels and/or require a minimum rental period.

Check out this link to the City of Miami Beach Short-Term Rental Limitations Map 

In Miami Beach, Florida can an investor own and operate their Airbnb property as a business entity? 

Yes, Miami Beach, Florida, allows people and entities to legally operate their Airbnb properties as a business. To do so, they must obtain the appropriate permits and licenses from the city before they can begin operating their short-term rental.

In Miami Beach, Florida, can investors register accessory dwelling units (ADU), duplexes, and multifamily homes as Vacation Rentals?

While ADUs cannot be Airbnb vacation rentals, multifamily homes, and apartment buildings with over four units in the Flamingo Park and Espanola Way Historic Districts can be registered as vacation rentals in Miami Beach.

Additionally, three or fewer units in an apartment or townhouse building can be short-term (Airbnb) rentals.

However, they must have been registered with the State of Florida as a resort dwelling or condominium as of March 2010. This registration shows the history of current and consistent short-term renting, which is necessary for registration as a short-term rental. 

In Miami Beach, the use of ADUs is limited to the family who occupies the primary residence, and temporary guests of those occupying the property. 

There are exemptions for ADUs that received a certificate of occupancy before October 26, 2019. However, Airbnb rentals of less than six months and one day are prohibited, and only long-term leases are allowed.

What is Miami Beach Florida’s requirement for obtaining a Vacation Rental License?

People with an interest in a property can receive a certificate of use, which allows them to operate a short-term (Airbnb) rental. To obtain a certificate of use, the property must comply with city ordinances, and all necessary permits must be obtained.

There are many requirements to meet before obtaining a vacation rental unit, including:

• Confirming that the city’s land development regulations allow the use of the property as a short-term rental.
• Obtaining a business tax receipt that explains the occupancy of the property.
• Meeting American Disabilities Act regulations.
• Providing information about platforms where the housing will be advertised.
• Maintaining an active insurance policy that’s designed for short-term rentals.
• Acknowledging that the short-term (Airbnb) rental must be registered with the Florida Department of Revenue.

There are also some additional requirements to note. Only entire apartments or townhomes may be used for short-term rentals. Owners cannot rent individual rooms or portions of space. There must also be on-site management, 24 hours a day, 365 days a year.

Additionally, property owners must inform long-term tenants or prospective tenants of the use of the property as a short-term rental, pay permit fees, and show compliance with building codes, fire codes, and safety standards.

What are the costs associated with a Vacation Rental License in Miami Beach Florida?

Certificates for short-term (Airbnb) rentals vary in cost depending on the neighborhood. Fees range from $600 to $1,000 for the initial application. However, there will be additional costs for the other required certificates/applications. Some potential cost considerations are: 

• Business Tax Receipt (BTR) 
• Certificate of Use (CU) 
• Transient Public Lodging Establishment 
• Resort Tax Registration Certificate 
• Cost of additional short-term (Airbnb) rental insurance policy 

Does Miami Beach Florida have Vacation Rental occupancy limits?

The maximum occupancy is two people per bedroom, excluding any children two years of age. Unlike other places where short-family rentals can house additional people in common spaces, Miami Beach strictly limits occupancy to bedrooms.

Does Miami Beach Florida require an inspection for investors to obtain an STR license?

Upon the issuance or renewal of a business tax receipt and/or certificate of use, the short-term residential rental shall be subject to inspection to ensure compliance with all applicable code requirements. 

What are the physical and structural requirements for a vacation rental?

Short-term (Airbnb) rentals in Miami Beach, Florida, must meet a number of physical and structural requirements. The property must be structurally sound, safe for occupants, and free from hazards. Additionally, it must be properly maintained and cleaned. 

It must also meet all housing regulations and have smoke detectors, fire extinguishers, CO detectors, and safety exits in the event of an emergency. Finally, all relevant building and environmental codes must be met, such as noise levels and keeping the property free of debris. 

Does Miami Beach Florida have any responsible agent requirements?

Yes, the operator or a registered agent must be available to respond to and address issues on a 24-hour basis, seven days a week. The responsible agent handles matters such as maintenance, noise complaints, and other issues that may arise. 

Additionally, the registered agent is responsible for registering all necessary paperwork with the state of Florida before the property can be rented out. This might be an owner, a realtor, a real estate agent, or a registered agent of a business entity.

Does Miami Beach Florida have specific insurance requirements for a Vacation Rental?

Yes, your insurance policy must be specific to short-term (Airbnb) rentals, and it must cover both the property owner and the tenant. It should include coverage for liability, damage to the property from guests, and other necessary elements.

What are the duration and renewal terms of a Miami Beach Florida Vacation Rental license?

Rental licenses are renewed annually and require the owner or registered agent to show proof that the property has consistently and continually been used as a short-term rental.

In Miami Beach Florida, do Airbnb and VRBO remit taxes on the host’s behalf? Are there any taxes the host must track and pay directly to Miami Beach Florida?

Taxes are collected and remitted on hosts behalf on sites like Airbnb and VRBO. Hosts will need to remit taxes for any reservation outside platforms like Airbnb and VRBO. 

Who should I contact if I have questions regarding Miami Beach Florida Vacation Rentals?

Vacation Rental Licenses: VRL@hollywoodFL.org & 954-921-3225 

Code Compliance: CodeEnforcement@HollywoodFL.org 954-921-3061

Are there any new laws and regulations that the city is requiring?

There is no current news about vacation laws and regulations in Miami Beach, but the city is always looking for ways to better regulate short-term (Airbnb) rentals.

All information from this article was sourced from the following:  

• https://www.miamibeachfl.gov/business/vacation-short-term-rentals/
• Miami Beach City Code (Sec 102-386), (Sec 142-1111), (Sec 142-905 (b))