Miami's Short-Term Rentals: The Rules That Matter
Every city handles short-term rentals a little differently. In Miami, Florida, there are 3 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.
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.
The Bottom Line
Compared to many U.S. cities, Miami gives residents more room on short-term rentals. 2 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.
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.