Miami Short Term Rental Regulation: A Guide For Airbnb Hosts

What are short term rental (Airbnb, VRBO) regulations in Miami, Florida?

To start a short term rental business in Miami, there are several regulations that hosts must follow. Firstly, hosts must check zoning restrictions to ensure that the property is in a permissible zone for short-term rentals. This can be done by consulting Miami's zoning map and determining the necessary permits, which could include a warrant or an exception permit, depending on the property’s zoning category.

In Miami, a short-term rental or "vacation rental" is defined as any dwelling rented for less than 30 days. Operators must adhere to occupancy limits, guest registration requirements, and parking restrictions. Additionally, owners must comply with local requirements regarding waste disposal, noise, public nuisance, pets, and advertising. In certain areas, owners or their representatives must reside in the rental properties for more than six months per year.

To operate a short-term rental in Miami, hosts must obtain a Florida Department of Business and Professional Regulation license, register with tax authorities, and get a Certificate of Use (CU) from Miami-Dade County. The CU application requires an attestation of licensing, tax registration, insurance coverage, and, if applicable, notification to homeowner’s or condominium’s associations.

Different license types are issued based on the rental property's structure and the number of properties managed.Short-term rental operators in Miami must comply with state-imposed sales, use, and discretionary surtaxes. Homesteaded properties used as vacation rentals may still be eligible for homestead exemption under certain conditions. Additionally, both county and state authorities assess tourist taxes on rentals for periods of six months or less.

Compliance with these regulations is essential to avoid penalties such as fines or the closure of the Airbnb. Miami's enforcement mechanisms ensure that short-term rentals do not disrupt local communities and adhere to safety and health standards.

Starting a Short Term Rental Business in Miami

Starting a short term rental business in Miami requires careful adherence to both state and local regulations. The first step for prospective Airbnb operators in Miami is to identify areas where short-term rentals are allowed.

Florida's land use and zoning rules categorize areas into residential, lodging, or commercial. Specific zones like Residential Communities, Business and Office and Office-Residential are designated for short-term rentals. Prospective operators should consult Miami's zoning map and determine the necessary permits, which could include a warrant or an exception permit, depending on the property’s zoning category.

Short Term Rental Licensing Requirement in Miami

Operating a short-term rental in Miami involves several steps, including obtaining a Florida Department of Business and Professional Regulation license, registering with tax authorities, and getting a Certificate of Use (CU) from Miami-Dade County.

The CU application requires an attestation of licensing, tax registration, insurance coverage, and, if applicable, notification to homeowner’s or condominium’s associations. Different license types are issued based on the rental property's structure and the number of properties managed.

Required Documents for Miami Short Term Rentals

To comply with Miami's short term rental regulations, operators must adhere to occupancy limits, guest registration requirements, and parking restrictions. Additionally, owners must comply with local requirements regarding waste disposal, noise, public nuisance, pets, and advertising.

In certain areas, owners or their representatives must reside in the rental properties for more than six months per year.

Miami Short Term Rental Taxes

Short-term rental operators in Miami must comply with state-imposed sales, use, and discretionary surtaxes. Homesteaded properties used as vacation rentals may still be eligible for homestead exemption under certain conditions.

Additionally, both county and state authorities assess tourist taxes on rentals for periods of six months or less.

Miami-wide Short Term Rental Rules

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 bed-and-breakfast.

The County stipulates a maximum overnight occupancy of two persons per bedroom plus two additional persons per property, up to twelve persons, excluding children under three years of age.

Does Miami Strictly Enforce STR Rules?

Miami strictly enforces short-term rental rules to ensure that short-term rentals do not disrupt local communities and adhere to safety and health standards. Compliance with these regulations is essential to avoid penalties such as fines or the closure of the Airbnb.

Miami-Dade County has established a Short-Term Rental Compliance Unit to enforce regulations and investigate complaints. The unit conducts inspections and issues fines for non-compliance with regulations.

How to Start a Short Term Rental Business in Miami

To start a short term rental business in Miami, follow these steps:

• Check Zoning Restrictions: Verify if the property is in a permissible zone for short-term rentals.
• Apply for Necessary Permits and Licenses: Obtain a Florida DBPR license and a Certificate of Use from Miami-Dade County.
• Register for Tax Collection: Ensure registration with the Florida Department of Revenue for tax purposes.
• Comply with Local Regulations: Adhere to occupancy limits, guest registration, and other county-specific rules.
• Obtain Insurance Coverage: Ensure adequate insurance coverage for the rental property and liability insurance for the operator.
• Establish a Marketing Strategy: Develop a marketing strategy to attract guests and ensure a consistent occupancy rate.

Who to Contact in Miami about Short Term Rental Regulations and Zoning?

For more information on short-term rental regulations in Miami, operators can consult the City of Miami's official website or contact the Miami-Dade County's relevant departments for guidance.

The Miami-Dade County Department of Regulatory and Economic Resources (RER) is responsible for enforcing short-term rental regulations and investigating complaints. The department can be contacted at (305) 375-2700 or via email at RER@miamidade.gov.

What do Airbnb Hosts in Miami on Reddit and Bigger Pockets think about local regulations?

According to a Bigger Pockets forum, Miami is relatively Airbnb-friendly compared to other cities, but hosts must still navigate complex regulations and zoning laws. On Reddit, hosts express concerns about strict enforcement and the need for clearer guidelines to ensure a sustainable short-term rental market in Miami. Some hosts on Bigger Pockets have reported difficulties in navigating the permit application process, while others have expressed frustration with the lack of clarity regarding zoning restrictions.

On Reddit, hosts have also raised concerns about the potential for neighbors to report short-term rentals, leading to fines and penalties.In summary, Miami's short-term rental regulations are designed to ensure that operators comply with safety, health, and zoning standards. While Miami is relatively Airbnb-friendly compared to other cities, hosts must navigate complex regulations and zoning laws.

To succeed in Miami's short-term rental market, operators must comply with occupancy limits, guest registration requirements, and tax regulations. By adhering to these regulations, operators can ensure a sustainable and profitable short-term rental business in Miami. Miami-Dade County's Short-Term Rental Compliance Unit is responsible for enforcing regulations and investigating complaints.

Hosts can contact the department for guidance on the permit application process and other regulatory requirements. By staying informed and compliant with regulations, operators can ensure a successful short-term rental business in Miami.