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🏗️ Accessory Structures/ADU Rental Restrictions

ADU Rental Restrictions: Hialeah vs Miami

How do adu rental restrictions rules compare between Hialeah, FL and Miami, FL?

Hialeah and Miami have similar restriction levels.

Hialeah, FL

Miami-Dade County

Some Restrictions

ADUs rented long-term (30+ days) in Hialeah face no zoning-based restrictions beyond ordinary residential standards. Short-term rentals (under 30 days) fall under Florida Statute §509.032(7), which preempts outright local STR bans but allows registration and tax collection. Miami-Dade Tourist Development Tax 6% plus Florida state sales tax 6% = 12% combined transient tax.

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Miami, FL

Miami-Dade County

Some Restrictions

ADUs rented long-term (30+ days) in Miami face no zoning-based restrictions. Short-term rentals (under 30 days) are sharply restricted: in T3 single-family transect zones, City of Miami STR ordinance §2-1100 prohibits non-owner-occupied vacation rentals. Florida Statute §509.032(7) preempts local STR licensing but allows registration.

View full Miami rules →

Key Facts Comparison

FactHialeahMiami
Long-TermPermitted, no city licensePermitted, no city license
STR State PreemptionFL §509.032(7)-
Tourist Tax6% county + 6% state = 12%3% + 1% + 6% state = 10% total
DBPR LicenseRequired (FL §509.241)-
Tenant LawFL Ch. 83 Part II-
STR in T3-Only if owner's primary residence
STR in T4/T5/T6-Allowed with CU
State Preemption-FL §509.032(7)

Highlighted rows indicate differences between cities.

Hialeah FAQ

Can I rent my Hialeah ADU as an Airbnb?

Florida law (§509.032(7)) preempts an outright local ban, but operators must register with the Florida DBPR, collect Florida 6% sales tax and Miami-Dade 6% Tourist Development Tax (12% combined), and comply with any local registration or business tax receipt requirements.

What taxes apply to a Hialeah short-term rental?

Florida 6% transient rental sales tax under FL §212.03 plus Miami-Dade County 6% Tourist Development Tax under Chapter 29 — 12% total collected from the guest and remitted. Long-term rentals (30+ days) are exempt from these transient taxes.

Miami FAQ

Can I rent my Miami ADU as an Airbnb?

It depends on your transect zone. In T3 single-family zones, only if the property is your primary residence. In T4, T5, T6 mixed-use zones, with a City Certificate of Use, registration, and tourist tax collection. Florida law preempts an outright ban but allows registration.

What taxes do I have to collect on a Miami STR?

Florida sales tax (6%), Miami-Dade Tourist Development Tax (3%), and Miami-Dade Convention Development Tax (1%) — 10% total — collected from the guest and remitted. Long-term rentals (30+ days) are exempt from these transient taxes.

What is the long-term rental rule?

Rentals of 30 or more consecutive days face no special City of Miami licensing. Standard Florida landlord-tenant law (Chapter 83) applies, and the unit must be a permitted ADU under Miami 21.

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