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Miami, FL Accessory Structures: ADU Rental Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Permit required
ADU registration certificate to rent
Owner status
Homestead exemption required
Use restriction
No transient or temporary lodging
Initial fee
$300 registration and inspection
Renewal
$250 annually with inspection

Summary

Renting a Miami ancillary dwelling unit requires a building permit, certificate of occupancy, and an annual ADU registration certificate, and the unit must remain predominately permanent housing: transient or temporary rentals are grounds for revocation.

(a)Registration process for rented ADUs.(1)Registration requirements. In order to rent an ADU, the property owner or their authorized agent shall obtain:a.An approved building permit, including a notarized "ADU owner disclosure statement"; andb.An approved "certificate of occupancy (CO)"; andc.An approved "ADU registration certificate".(c)Predominately permanent housing. In accordance with the provision stated in the Miami 21 Zoning Code, ADUs shall only be used as predominately permanent housing.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23 | Ordinance 11000 (Previous Zoning Code): Supplement 22 | Miami 21 (Zoning Code): ?).

Full Breakdown

To legally rent an ancillary dwelling unit (ADU) in Miami, the owner must obtain an approved building permit with a notarized owner disclosure statement, an approved certificate of occupancy, and an ADU registration certificate from the office of zoning, then renew that certificate annually with a virtual or in-person compliance inspection. The property must carry a homestead exemption, and the ADU can only be used as predominately permanent housing: renting it as transient or temporary lodging is grounds for denial or revocation. Initial registration and inspection costs $300, annual renewal $250, and renting without a certificate doubles the fee exposure.

Violations & Fines

Renting an unregistered ADU, losing homestead status while still renting, or using the ADU for transient or temporary lodging can mean registration denial or revocation, double fees, and enforcement under chapter 2, article X of the City Code.

Frequently Asked Questions

Can I rent my Miami ADU as an Airbnb or short-term rental?
No. Miami requires ADUs to be predominately permanent housing; renting one as transient or temporary lodging is grounds for the city to deny or revoke the ADU registration certificate.
What do I need to legally rent out my ADU in Miami?
An approved building permit with a notarized owner disclosure statement, an approved certificate of occupancy, and an ADU registration certificate from the office of zoning, renewed annually with an inspection.

Sources & Official References

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