Short-Term Rentals in Miami Beach, FL

If you live in Miami Beach 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. Miami Beach has 8 specific rules on the books covering different aspects of short-term rentals, and some of them might surprise you.

Host Platform Liability

Miami Beach bars hosting platforms like Airbnb from listing a rental unless the property's business tax receipt and resort tax certificate numbers are displayed, and bars processing payment for any unlicensed listing, with fines up to $5,000 per violation.

Key details: Display duty: BTR + resort tax numbers on every listing. Payment ban: no processing payment for unlicensed listings. First offense fine: $1,000. Fourth+ offense fine: $5,000. Geofencing exception: requires monthly certification to city.

A platform violation of Sec. 102-387 escalates: $1,000 for a first offense, $2,000 for a second violation within six months, $3,000 for a third, and $5,000 for a fourth or subsequent violation within six months; the special magistrate has no discretion to reduce these amounts.

This is not one of those rules that cities tend to ignore. Miami Beach actively enforces its host platform liability requirements.

Repeat Violator Strikes

Miami Beach fines a first short-term rental violation $1,000, but a second violation within six months jumps to $5,000 and triggers automatic revocation of the business tax receipt and certificate of use, shutting the rental down.

Key details: First offense fine: $1,000. Repeat offense fine: $5,000. Lookback window: 6 months. Repeat-offense consequence: BTR/certificate of use revoked. Governing section: Sec. 102-386(l).

First offense: $1,000 civil fine. Second or subsequent violation within six months: $5,000 civil fine plus revocation of the business tax receipt and/or certificate of use, which stops the property from operating as a short-term rental until it is reissued.

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

Short-Term Rental Permits

Miami Beach bars advertising a residential property as a short-term rental until the owner files a sworn affidavit, holds a business tax receipt, and holds a resort tax registration certificate. Condo units also need the association's written authorization on file.

Key details: Required filing: sworn affidavit before advertising. Licenses required: business tax receipt + resort tax registration certificate. Condo units: association's written authorization required. Display duty: BTR + resort tax numbers in every ad. False statement: non-appealable denial/revocation.

Operating or advertising without the required affidavit, business tax receipt, or resort tax registration certificate violates Sec. 102-386 and draws a $1,000 civil fine for a first offense, rising to $5,000 plus revocation of the business tax receipt and/or certificate of use for a second or subsequent violation within six months.

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

Occupancy Limits

Miami Beach caps short-term rental occupancy at two persons per bedroom, not counting children under two. The cap still cannot exceed the maximum occupant load set by the Florida Building Code or Florida Fire Prevention Code for that specific unit.

Key details: Occupancy cap: 2 persons per bedroom. Exclusion: children under 2 years old. Secondary limit: Florida Building/Fire Code occupant load. First offense fine: $1,000. Repeat offense: $5,000 + BTR revocation.

A violation of Sec. 102-386, including exceeding the occupancy cap, draws a $1,000 civil fine for a first offense. A second or subsequent violation within the preceding six months carries a $5,000 fine and revocation of the business tax receipt and/or certificate of use.

Taxes & Fees

Miami Beach levies a 4 percent resort tax on the rent of every hotel, motel or apartment-house room, including short-term rentals, collected by the operator from the guest. Operators must register for a resort tax registration certificate within 15 days of starting business.

Key details: Room/rental tax rate: 4% of rent. Food & beverage tax: 2% of sales. Registration deadline: within 15 days of starting business. Return deadline: before the 20th of following month. Manual filing fee: $25.00 per return.

Failing to register for or remit the resort tax exposes the operator to assessment, interest and penalty under Sec. 102-315, plus collection actions, liens on real or personal property under Sec. 102-321, and a $25.00 per-return processing fee under Sec. 102-311 for manual filers.

Insurance Requirements

Miami Beach requires every short-term rental owner to carry liability insurance covering guests and their invitees for the entire time the property is rented out. The owner attests to this coverage in the sworn affidavit filed before advertising.

Key details: Coverage scope: liability for injury/harm to occupants and invitees. Duration: in effect at all times property is rented. Where required: sworn pre-advertising affidavit. Proof duty: records must be produced on request. False statement penalty: non-appealable denial/revocation.

Advertising or operating without the sworn insurance affidavit, or falsifying it, violates Sec. 102-386 and is grounds to deny or revoke the business tax receipt and/or certificate of use; a substantiated violation also carries a $1,000 civil fine for a first offense and $5,000 plus revocation for a repeat violation within six months.

Noise Rules

Miami Beach requires every transient occupant of a short-term rental to follow the city's general noise ordinance banning unreasonably loud sound, and bans outdoor amplified sound at short-term rentals entirely, at all times, with no exceptions.

Key details: General noise standard: Sec. 46-152 (unreasonably loud/excessive noise). Amplified outdoor sound: prohibited at all times. Notice duty: owner must notify occupants before stay. First offense fine: $1,000. Repeat offense: $5,000 + BTR revocation.

A noise violation at a short-term rental is enforced under Sec. 102-386 alongside Sec. 46-152; it carries a $1,000 civil fine for a first offense and $5,000 plus revocation of the business tax receipt and/or certificate of use for a second or subsequent violation within six months.

Short-Term Rental Parking Rules

Miami Beach caps short-term rental guests at two vehicles at a time, and every vehicle must park in the property's driveway or designated parking area, or on the street or swale directly in front of the property if no driveway exists.

Key details: Vehicle cap: 2 vehicles at a time. Preferred location: driveway or designated on-site parking. No driveway: street or swale directly in front only. First offense fine: $1,000. Repeat offense: $5,000 + BTR revocation.

Exceeding the two-vehicle limit or parking outside the designated area violates Sec. 102-386 and carries a $1,000 civil fine for a first offense, and $5,000 plus revocation of the business tax receipt and/or certificate of use for a second or subsequent violation within six months.

The Bottom Line

Miami Beach is tougher than many cities when it comes to short-term rentals. Out of the 8 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in Miami Beach, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Miami Beach's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.