Thinking about listing a condo or home for short-term rental in Miami? One block can change the rules, especially if you cross into Miami Beach. You want clear guidance before you invest, list, or change your leasing strategy. In this guide, you’ll learn how the rules differ, where short-term rentals are allowed, what permits and taxes apply, and the risks to watch. Let’s dive in.
Florida sets the baseline
Florida defines vacation rentals and sets limits on what cities can regulate. State law also includes a preemption rule that restricts newer local bans on vacation rentals, with narrow grandfathering for older ordinances. You can review the definitions and preemption details in Florida Statutes Chapter 509.032 at the Florida Senate site (state law overview).
The Florida Department of Business and Professional Regulation (DBPR) licenses many transient lodging uses. Entire units rented to guests often need a DBPR vacation rental license, while renting a room in your home may not. Use the DBPR guide to confirm whether your property needs a state license (DBPR guidance).
City of Miami rules at a glance
Where short-term rentals are allowed
The City of Miami treats transient rentals as a land use that must match zoning. Many low-density residential transects are not eligible, while mixed-use and higher-density areas may allow lodging. Always verify eligibility with the city’s zoning tools and procedures before you apply (City of Miami STR procedures).
Licenses, inspections, and building rules
If your parcel and building allow transient use, expect a multi-step approval process:
- DBPR vacation rental or other state lodging license if applicable.
- City Certificate of Use and Business Tax Receipt, both renewed annually.
- Fire and building safety inspections, including life-safety items.
- Condo or HOA written approval if the property is in an association.
If a building converts a significant share of units to transient use, Miami may require an Operational Management Plan and building reclassification once usage exceeds certain thresholds. That can trigger added safety and operational standards in apartment-hotel or condo-hotel settings. The city outlines these steps on its short-term rental procedures page.
Taxes and posting requirements
Short-term rental income is subject to state sales and transient rental taxes. You must register with the Florida Department of Revenue and follow state rules on collection and remittance (Florida tax guidance). Miami-Dade and some municipalities add local tourist or resort taxes. Your listing may need to display required certificate numbers.
Miami Beach rules at a glance
Where short-term rentals are allowed
Miami Beach is far more restrictive. Short-term rentals, which the city defines as less than 6 months plus 1 day, are prohibited in all single-family districts and many multifamily areas. Permitted STRs are concentrated in specific tourist or commercial zones and in buildings that are explicitly approved. Start by checking the city’s zoning resources and STR portal (Miami Beach vacation rentals page) and the city’s interactive map (Practice Safe Renting map).
Registration, documents, and advertising rules
Where STRs are allowed, Miami Beach requires a Business Tax Receipt and a resort tax registration. The city requires you to display those certificate numbers in all ads and listings. Owners also file a detailed application with items like a recent condo approval letter and a notarized affidavit (Miami Beach requirements checklist).
Enforcement posture and penalties
Miami Beach has a long history of active enforcement against illegal STRs. The city’s rules allow significant penalties and immediate removal of guests in some situations. Because fine schedules evolve, confirm current penalties on the city’s portal before you list (Practice Safe Renting portal).
Miami vs. Miami Beach: key differences
- Allowed locations: Miami permits transient use in select transect zones and purpose-built lodging areas, often in higher-density or mixed-use settings. Miami Beach broadly bans STRs in single-family districts and many multifamily zones and limits them to defined tourist corridors and approved buildings.
- Permitting workflow: Both cities commonly require state DBPR licensing, a local Certificate of Use and Business Tax Receipt, inspections, and tax registration. Miami also emphasizes building-level rules and operational plans for apartment-hotel style conversions.
- Taxes: All hosts must comply with Florida Department of Revenue rules. Miami-Dade and Miami Beach add local tourism or resort taxes, and Miami Beach expects you to post the BTR and resort tax numbers on listings.
- Enforcement risk: Miami Beach takes a strict enforcement approach. The City of Miami enforces through zoning, building classification, and inspections.
- Condo and HOA limits: Association rules often prohibit or limit STRs even where city zoning allows them. Written condo or HOA approval is often required in both cities.
Smart moves for buyers and sellers
If you are buying a condo with STR potential in the City of Miami, request the building’s current Certificate of Occupancy or Use and ask whether the building allows transient use. If more than a small share of units operate as STRs, the building may need added life-safety upgrades and operational controls.
If you own or are listing in Miami Beach, do not rely on platform listings to judge eligibility. Always confirm the parcel’s zone and whether the building sits on the city’s list of approved STR properties.
For sellers marketing “STR potential,” provide clear documentation on zoning eligibility and any association permissions. For buyers and investors, build a compliance budget that includes licensing, inspections, taxes, and potential building upgrades.
7-step checklist before you list or buy
- Confirm your jurisdiction, then pull the parcel’s zoning. If you are inside the City of Miami, start with the city’s STR procedures page and zoning tools (City of Miami STR procedures). If you are in Miami Beach, use the city’s STR portal and map. For unincorporated areas, review the county’s program (Miami-Dade STR page).
- Verify that transient use is permitted for the parcel and building. If zoning is restrictive, do not proceed.
- Review condo or HOA documents for rental policies and get written approval where needed.
- Determine whether you need a state license and apply if required (DBPR guidance).
- Apply for the city’s Certificate of Use and Business Tax Receipt. Schedule required fire and building inspections. Follow any building-level operational plan rules.
- Register for state and local taxes and learn your filing schedule (Florida tax guidance). Some platforms collect certain taxes, but you still need to register and comply.
- Post required certificate numbers on all listings, maintain a 24/7 contact, and keep permits current.
Common pitfalls to avoid
- Ignoring parcel zoning or assuming a building is “grandfathered.”
- Skipping condo or HOA approvals that the city requires at application.
- Underestimating building-level requirements when multiple units go transient in Miami.
- Relying on platform tax collection without registering with the state or city. Platform coverage varies by location and tax type (platform tax article).
Ready to evaluate a property’s STR potential or sell a home with clear compliance in mind? Let’s map your best options and protect your goals. Reach out to Michelle Nelson for a friendly, no-pressure consult.
FAQs
Can you short-term rent a Miami single-family home?
- It depends on the parcel’s zoning and whether the City of Miami allows transient use in that transect. Always verify with the city’s zoning tools before you list.
Are short-term rentals allowed in most of Miami Beach?
- No. They are broadly prohibited in single-family districts and many multifamily zones, and are limited to specific tourist areas and approved buildings.
Do I need a state license for a condo I rent to guests?
- Often yes if you rent the entire unit to transient guests. Renting a room while you live in the home may not require a DBPR license.
Will a platform collect all my taxes for me?
- Sometimes a platform collects certain taxes, but you are still responsible for registering with state and local tax authorities and meeting posting rules.
What risks do hosts face if they skip permits?
- You risk code violations, fines, guest removal, tax issues, and association penalties. Miami Beach, in particular, has an active enforcement program.
