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Florida, USA

Laws For Short-Term Rentals in Miami-Dade County, Florida, USA (2023)

When considering becoming a host, it’s crucial to be aware of the legal requirements in your city. While we, as a platform, don’t offer legal counsel, we aim to assist you by sharing some helpful resources that can guide you in comprehending the laws and regulations specific to Miami. This compilation isn’t all-inclusive but should serve as a solid foundation for understanding your local legal landscape. For specific inquiries, we recommend reaching out to the City of Miami’s Short-Term Rentals Office or relevant city departments, or seeking advice from a local attorney or tax expert.

The Miami-Dade County Comprehensive Plan primarily dictates land use within the county. To ensure your listing aligns with current zoning requirements or usage definitions, it’s advisable to consult this plan. Key terms to understand include “accessory use,” “apartment,” “apartment hotel,” “bed and breakfast inn,” “commercial establishment,” “dwelling,” “hotel,” “hotel unit,” and “townhome.”

Vacation Rental Regulations and Registration 

The Miami-Dade County Code outlines the rules for managing a vacation rental in unincorporated areas of the county.

Step 1: Certificate of Use (CU) Application For operating a Vacation Rental in Unincorporated Miami-Dade County, the listing party must apply for a Certificate of Use (CU) either online or in person. Upon application completion, a 10-digit numeric certificate number is issued, which must be updated on the Airbnb platform by the enforcement date.

Step 2: Fulfilling CU Application Pre-Requirements Review the attestation webpage to understand the CU application’s requirements and terms. For additional queries, contact the Miami-Dade County Department or refer to the County’s FAQ page.

For renting out an entire unit or dwelling, a State Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR) is necessary, obtainable online or by mail.

Miami-Dade County and the State of Florida impose tourist taxes on short-term rentals of less than six months. Visit the County’s government website and the State’s FAQ page for more information on County and State taxes. Airbnb also collects and remits taxes on behalf of hosts in Florida, including Miami-Dade County.

In unincorporated Miami-Dade, vacation rentals are permissible in areas marked Residential Communities, Business and Office, and Office Residential on the County’s Comprehensive Development Master Plan Land Use Plan Map. In areas marked Estate or Low Density Residential, the listing party must adhere to residency requirements, residing in the property for over six months per year. This residency rule applies only to properties in the Estate or Low Density Residential categories.

The Miami 21 Zoning Code is the primary regulatory framework for land use within the City of Miami. To ensure your listing aligns with the current zoning standards and definitions, it’s essential to refer to this Code. Key terms to be familiar with include “bed and breakfast,” “dwelling unit,” “hotel,” “inn,” “lodging,” “lodging unit,” “multi-family housing,” “single-family residence,” and “residential use.”

Building and Housing Regulations Miami has established a set of rules and regulations that set the minimum standards for building construction, design, and upkeep. These standards cover aspects of habitability, health, and safety. Depending on whether your listing is residential or non-residential, certain regulations may apply. For detailed information, it’s advisable to reach out to the Miami Building Department or the Code Compliance Department.

Requirement for Business Licensing In Miami, anyone operating a business, including short-term rental owners or operators, must obtain a business license. For guidance on starting a business in Miami, including the licensing process, review the city’s business startup summary. Further assistance and information can be sought from the Florida Department of Business and Professional Regulation.

Be aware of and comply with other binding agreements, such as leases, condo board or co-op rules, HOA rules, or tenant organization regulations. Always review your lease agreement and consult your landlord if necessary.

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