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Short-Term Rentals

Short-Term Rentals in Hialeah, FL: What Residents Actually Need to Know

By CityRuleLookup Editorial Team

If you live in Hialeah or are thinking about moving there, short-term rentals are one of those things you probably won't think about until they affect you directly. Hialeah has 8 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Occupancy Limits

Hialeah enforces occupancy limits for short-term rentals based on the Florida Building Code and local zoning regulations. Maximum occupancy is generally calculated by bedroom count and square footage. The city's dense residential character and code enforcement presence ensure compliance in neighborhoods.

Key details: Standard: 2 per bedroom + 2 guests. Basis: FL Building Code and zoning. Enforcement: Code Compliance Division. Fire Safety: Must meet egress capacity. Contact: (305) 556-8380.

Exceeding occupancy limits can result in code enforcement citations with fines starting at $100 per violation. Repeat violations may lead to STR registration revocation. Fire safety violations involving overcrowding carry additional penalties. Contact Code Compliance at (305) 556-8380.

Insurance Requirements

Florida law (FL Statute Section 509.032) requires STR operators to maintain adequate liability coverage. Hialeah STR hosts should carry at minimum $300,000 to $1,000,000 in liability insurance. Standard homeowner policies typically exclude commercial rental activities and require a separate rider or policy.

Key details: State Regulation: FL Statute Section 509.032. Recommended Coverage: $300K-$1M liability. Homeowner Policy: Typically excludes STR activity. Flood Insurance: Recommended near canals. Platform Coverage: Airbnb/VRBO provide supplemental.

Operating an STR without adequate insurance exposes hosts to personal liability for guest injuries. The city may require proof of coverage during code enforcement actions. Failure to maintain a business tax receipt (which may require insurance documentation) can result in fines.

Registration Rules

Hialeah short-term rentals (rented more than 3 times per year for periods under 30 days) must obtain a Miami-Dade County Certificate of Use (CU), DBPR vacation rental license under FS 509.241, and remit 13% combined tourist + state sales tax. Florida FS 509.032(7)(b) preempts new city STR-specific bans.

Key details: Certificate of Use: Required from Miami-Dade County. Initial CU Cost: About $254.70 first year. Annual Renewal: $139.44. State License: DBPR vacation rental license (FS 509.241). Combined Tax Rate: 13% (6% county tourist + 7% state sales).

Operating without a Certificate of Use or DBPR license can trigger Miami-Dade code enforcement fines, listing takedowns, and state DBPR penalties. Tax non-remittance accrues interest plus penalties from Florida Department of Revenue.

This is one of the stricter rules in Hialeah's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Night Caps

Hialeah and Miami-Dade County do not impose annual night caps on short-term rentals. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of vacation rental stays unless the ordinance predates June 1, 2011, which Hialeah's current STR rules do not.

Key details: Annual Night Cap: None. Owner-Occupied Cap: None. Non-Owner-Occupied Cap: None. State Preemption: FS 509.032(7)(b) bars duration/frequency limits. STR Definition: Rented 3+ times/year for under 30 days.

Because no night cap exists, there are no penalties tied to total annual rental nights. Operators must still comply with CU, licensing, tax, occupancy, and safety rules; violations of those carry separate penalties.

The rules around night caps in Hialeah lean permissive, but that does not mean anything goes.

Parking Rules

Hialeah STR properties must provide adequate off-street parking per zoning requirements. Vehicles must not block driveways or create neighborhood congestion.

Key details: Off-Street: Required per zoning. Blocking: Prohibited. On-Street: City/county rules. CU Impact: May affect renewal. Enforcement: City/county.

Parking violations enforced by city and county. Persistent issues may affect CU renewal.

Noise Rules

STR guests in Hialeah must comply with Section 58-47 noise provisions. Sound beyond property boundaries is prohibited. The Certificate of Use holder is responsible for guest conduct.

Key details: Code: §58-47. Standard: Beyond property boundary. Responsible: CU holder. Report: Hialeah Police. Repeat: CU revocation possible.

Noise violations carry fines. Repeated complaints may trigger CU review and potential revocation.

Permit Requirements

Hialeah requires STR operators to obtain a Certificate of Use from Miami-Dade County. Properties must comply with Florida Building Code and fire safety. A state DBPR vacation rental license is required. FL §509.032 preempts local STR bans.

Key details: CU: Miami-Dade County. State License: DBPR required. Listing: 10-digit CU number. Definition: 3+ times/year, <30 days. State Law: FL §509.032.

Operating without a Certificate of Use violates code. Fines and potential cease-and-desist. Missing certificate number on listings is a separate violation.

Taxes & Fees

Hialeah STR operators owe approximately 12-13% total tax: 6% Miami-Dade Convention and Tourist Tax plus 6% FL state sales tax. Platforms like Airbnb auto-collect most taxes.

Key details: County Tax: 6%. State Tax: 6%. Total: ~12-13%. Platforms: Auto-collect. Registration: FL DOR required.

Failure to collect/remit taxes: penalties, interest, and back-tax assessments from county and state.

The Bottom Line

Hialeah's short-term rentals 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 Hialeah is broadly strict or permissive.

Keep in mind that Hialeah 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.