Miami's Short-Term Rentals: The Rules That Matter

Every city handles short-term rentals a little differently. In Miami, Florida, there are 11 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Occupancy Limits

Miami short-term rental occupancy is limited to a maximum of two persons per bedroom plus two additional guests per property, not to exceed 12 overnight occupants. Children under 3 are excluded from the count per Miami-Dade County standards.

Key details: Max Overnight: 2 per bedroom + 2, max 12. Children Under 3: Excluded from count. Posting Required: Max occupancy inside unit. Response Time: Within 1 hour of complaint. Code Compliance: (305) 416-2087.

Occupancy violations trigger Code Compliance citations starting at $500. Repeated over-occupancy may result in Certificate of Use revocation and prohibition from future STR licensing.

This is not one of those rules that cities tend to ignore. Miami actively enforces its occupancy limits requirements.

Insurance Requirements

Miami requires short-term rental operators to attest to holding liability insurance covering transient occupants as part of the Certificate of Use application. Florida DBPR licensing also requires proof of insurance for vacation rental licenses.

Key details: Attestation Required: With Certificate of Use. Recommended Minimum: $1M general liability. DBPR License: May require proof of insurance. Platform Insurance: Does not replace local policy.

Operating a short-term rental without valid insurance may result in Certificate of Use suspension. Liability for guest injuries falls entirely on the operator if insurance lapses.

Repeat Violator Strikes

Miami Code Sec. 2-211 imposes escalating penalties on short-term rental operators with repeat violations: three valid citations within 12 months trigger Certificate of Use revocation, with appeal limited to administrative procedure under Florida Statute 509.032 partial preemption.

Key details: Code section: Miami Sec. 2-211. Strike window: 12 months. Third strike: Revocation. Reinstatement bar: 12 months. State preemption: FL §509.032 partial.

First-strike fines $500, second $1,000, third revokes operating authority for 12 months. Continuing operation after revocation triggers $5,000 daily fines plus injunctive action. Noise citations, occupancy excess, and trash violations all qualify as strikes.

Compared to other cities, Miami takes a harder line on repeat violator strikes. The enforcement and penalty structure reflects that.

Host Presence Rule

Miami Code Sec. 2-211 limits short-term rentals to specific zoning districts and requires a Certificate of Use, but cannot require host presence due to FL §509.032 preemption of operational rules. Miami-Dade County also requires a separate STR registration and tourist tax.

Key details: City rule: Miami Sec. 2-211. State preemption: FL §509.032. Allowed zones: T4-T6 only. Required license: DBPR + city CU. Tourist tax: 6% TDT county.

Operating an STR in a barred zoning district or without Certificate of Use can bring city fines of $1,000-$5,000 per day, code-enforcement liens, utility shutoff, and DBPR license revocation; repeat violators face injunctions and tourist tax assessments.

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

Primary-Residence-Only Rule

Florida Statute §509.032 prevents Miami from limiting short-term rentals to a host's primary residence. Miami may only use general zoning to restrict where STRs operate; investor-owned vacation rentals are legal in eligible zoning districts when properly licensed and taxed.

Key details: Preempted by: FL §509.032. Investor STRs: Allowed in eligible zones. Owner-occupancy: Not required. HOA rules: May add restrictions. Min stay: Per zoning, not occupancy.

Operating any STR (resident or investor) without a Certificate of Use, DBPR license, county registration, or tourist tax account triggers city fines $1,000-$5,000 per day, liens, and DBPR enforcement; HOA violations can bring private injunctions.

The rules around primary-residence-only rule in Miami lean permissive, but that does not mean anything goes.

Night Caps

The City of Miami does not impose an annual night cap on vacation rentals. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of short-term rentals through ordinances adopted after June 1, 2011, so Miami cannot set caps such as a 90- or 180-night annual maximum.

Key details: City Annual Night Cap: None - state preempted. Preemption Statute: FS 509.032(7)(b). Grandfather Date: Ordinances on or before June 1, 2011. Minimum Stay (City): None imposed by Miami 21. Condo/HOA Limits: May independently restrict frequency.

Because no city night cap exists, there are no city penalties for exceeding a nightly limit. Enforcement focuses on operating without the required Certificate of Use, DBPR license, or in a non-permitted T3 zone, and on occupancy, noise, parking, and trash violations.

Miami is more permissive than most cities when it comes to night caps. That said, there are still limits.

Registration Rules

City of Miami operators must obtain a Certificate of Use, a Business Tax Receipt, a Florida DBPR Vacation Rental License under FS 509.241, and register for the Miami-Dade County Tourist Development Tax (6%) plus Florida sales tax (7%) before listing a property on Airbnb, Vrbo, or any platform.

Key details: City Permit: Certificate of Use (City of Miami Building Dept.). City License: Business Tax Receipt. State License: DBPR Vacation Rental License (FS 509.241). County Tax: Miami-Dade Tourist Development Tax 6%. State Tax: Florida Sales Tax 7% (13% combined).

Operating without the full registration stack triggers City of Miami Code Compliance citations, Certificate of Use denial or revocation, DBPR enforcement, and back assessment of unpaid Tourist Development Tax and sales tax with penalties and interest. Listings can also be removed from booking platforms.

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

Permit Requirements

City of Miami requires a Certificate of Use and Business Tax Receipt for short-term rental properties. STRs are permitted in T4, T5, T6, and CI-HD transect zones under Miami 21. The city established an Apartment Hotel category for units in certain zones.

Key details: Zones: T4, T5, T6, CI-HD. T6: 365-day STR by right. City CU: Required with inspections. BTR: Annual Oct 1-Sep 30. State License: DBPR required.

Operating without required permits results in fines and potential cease-and-desist orders. Repeated violations may result in Certificate of Use revocation.

Noise Rules

Short-term rental guests in the City of Miami must comply with Chapter 36 noise regulations. Quiet hours are 11 PM to 7 AM. The Certificate of Use holder is responsible for guest conduct and noise complaints.

Key details: Quiet Hours: 11 PM to 7 AM. Responsible: CU holder. Repeat: CU revocation possible. Code: Chapter 36. Report: Miami PD non-emergency.

Noise violations carry fines from $100 to $500 under Chapter 36. Repeated noise complaints may trigger Certificate of Use review and potential revocation.

Taxes & Fees

City of Miami STR operators owe approximately 12-13% total tax: 6% county Convention and Tourist Tax plus 6% FL state sales tax plus any applicable county surtax. Platforms like Airbnb auto-collect most taxes.

Key details: County Tax: 6%. FL Sales Tax: 6%. Total: ~12-13%. Platforms: Auto-collect most. BTR: Annual requirement.

Failure to collect or remit taxes results in penalties, interest, and back-tax assessments from both the county and FL Department of Revenue.

Parking Rules

City of Miami requires STR properties to meet off-street parking requirements per Miami 21 zoning code. Adequate parking for guests must not create neighborhood congestion. Parking ratios depend on the transect zone.

Key details: Off-Street: Required per Miami 21. T6/Transit: Reduced requirements. Blocking: Prohibited. Enforcement: Parking Authority. CU Impact: May affect renewal.

Inadequate parking at STR properties may trigger code enforcement. Street parking violations enforced by Miami Parking Authority. Repeated issues may affect CU renewal.

The Bottom Line

Miami is tougher than many cities when it comes to short-term rentals. Out of the 11 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Miami, 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'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.