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🏠 Short-Term Rentals/Night Caps

Night Caps: Miami Beach vs Miami

How do night caps rules compare between Miami Beach, FL and Miami, FL?

Miami has fewer restrictions than Miami Beach.

Miami Beach, FL

Miami-Dade County

Heavy Restrictions

Miami Beach does not impose an annual night cap, but Sec. 142-1111(a) bans any rental of less than six months and one day in most residential zones (RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, TH) unless a specific grandfathered exemption applies. The Collins Waterfront Local Historic District exemption requires a minimum seven-night reservation, and no unit may be re-rented more frequently than once every seven days.

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Miami, FL

Miami-Dade County

Few Restrictions

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.

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Key Facts Comparison

FactMiami BeachMiami
Annual Night CapNone; preempted by F.S. 509.032(7)(b)-
Minimum Stay (Most Residential)6 months + 1 day (Sec. 142-1111(a))-
Eligible Zoning DistrictsRM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3, TH-
Collins Waterfront Exemption Minimum7-night reservation-
Turnover CapNo more than once every 7 days-
Single-Family (RS)STRs banned; no exemption-
Written AgreementRequired; retained 1 year-
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
Eligible Zones-T4, T5, T6, CI-HD

Highlighted rows indicate differences between cities.

Miami Beach FAQ

Miami FAQ

Does Miami limit how many nights per year I can rent on Airbnb?

No. The City of Miami does not impose an annual night cap. Florida Statute 509.032(7)(b) preempts cities from regulating short-term rental duration or frequency through ordinances adopted after June 1, 2011.

Is there a minimum stay requirement in Miami?

The City of Miami does not impose a minimum stay through Miami 21. However, individual condo associations and HOAs commonly require 7-day, 30-day, or longer minimum rentals, and those private rules are independently enforceable.

Could Miami add a night cap in the future?

No, unless state law changes. Cities that did not have a duration or frequency restriction on the books by June 1, 2011 are preempted by FS 509.032(7)(b) from adding new caps.

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