Rental Property Rules in Miami Beach, FL: What Residents Actually Need to Know

If you live in Miami Beach or are thinking about moving there, rental property rules are one of those things you probably won't think about until they affect you directly. Miami Beach has 3 specific rules on the books covering different aspects of rental property rules, and some of them might surprise you.

Rental Registration

Miami Beach requires all rental properties to register with the city. Vacation and short-term rentals (less than 6 months and 1 day) are prohibited in single-family homes and restricted to specific zoning districts in multifamily buildings. All rental operators must obtain a Business Tax Receipt and Resort Tax certificate.

Key details: BTR Required: All rental operators. STR in Single-Family: Prohibited. Resort Tax: 4% on transient rentals. First Offense Fine: Up to $20,000 for illegal STR. Code Compliance: 305-604-CITY (2489).

Operating an unregistered rental property or illegal short-term rental results in code violations with fines starting at $20,000 for first offense for illegal vacation rentals. Failure to collect resort tax carries additional penalties. Advertising without BTR and Resort Tax certificate numbers is a separate violation. Repeat offenders face escalating fines and potential lien on property.

This is not one of those rules that cities tend to ignore. Miami Beach actively enforces its rental registration requirements.

Just Cause Eviction

Miami Beach does not have a just-cause eviction ordinance. Evictions follow Florida Statute Chapter 83 (the Florida Residential Landlord and Tenant Act). Landlords may terminate month-to-month tenancies with 30 days written notice without stating a cause. Fixed-term leases end at expiration without renewal obligation.

Key details: Just-Cause Required: No — Florida does not require. Month-to-Month Notice: 30 days written notice. Nonpayment Notice: 3-day pay or vacate. Lease Violation Notice: 7-day notice to cure. Governing Law: FL Statute Chapter 83.

Landlords conducting self-help evictions face liability under FL Statute 83.67 including actual and consequential damages plus three months rent. Only the Miami-Dade County Court can order a tenant removed. Filing fees apply for eviction actions. Tenants may raise defenses including landlord failure to maintain the premises.

The rules around just cause eviction in Miami Beach lean permissive, but that does not mean anything goes.

Rent Control

Florida preempts local rent control, so Miami Beach cannot cap rent amounts. However, the city enacted Ordinance 2021-4427 requiring landlords to provide at least 60 days written notice before imposing rent increases exceeding 5%. Tenants have 30 days to accept or negotiate after receiving notice.

Key details: State Preemption: FL prohibits local rent control. Notice Required: 60 days for increases over 5%. Tenant Response: 30 days to accept or negotiate. Ordinance: 2021-4427. Code Compliance: (305) 673-7555.

Landlords who fail to provide the required 60-day written notice for rent increases over 5% are in violation of the ordinance. Tenants can file complaints with Code Compliance at (305) 673-7555. Violations may result in code enforcement action. The ordinance does not create a private right of action but provides an administrative enforcement mechanism.

The Bottom Line

Miami Beach's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Miami Beach is broadly strict or permissive.

Keep in mind that Miami Beach can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.