Occupancy Limits: Miami Beach vs Miami
How do occupancy limits rules compare between Miami Beach, FL and Miami, FL?
Miami Beach and Miami have similar restriction levels.
Miami Beach, FL
Miami-Dade County
Miami Beach strictly regulates short-term rental occupancy, prohibiting STRs entirely in single-family homes and most residential zoning districts. Where permitted, occupancy is limited based on bedroom count, and the city aggressively enforces violations through its Code Compliance division.
View full Miami Beach rules →Miami, FL
Miami-Dade County
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.
View full Miami rules →Key Facts Comparison
| Fact | Miami Beach | Miami |
|---|---|---|
| Single-Family STRs | Prohibited | - |
| Min Rental Period | 6 months + 1 day (most zones) | - |
| First Violation Fine | Starting at $20,000 | - |
| Resort Tax | 7% local + state taxes | - |
| Code Compliance | (305) 673-7555 | (305) 416-2087 |
| 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 |
Highlighted rows indicate differences between cities.
Miami Beach FAQ
Can I operate an Airbnb in Miami Beach?
Short-term rentals are prohibited in single-family homes and most residential zones. STRs are only permitted in certain commercial and resort-zoned areas with a Certificate of Use, Business Tax Receipt, and Resort Tax Certificate. Fines start at $20,000 for violations.
What is the minimum rental period in Miami Beach?
In most residential zones, the minimum rental period is six months and one day. Shorter stays are only permitted in properties with proper STR licensing in approved zoning districts.
How does Miami Beach enforce short-term rental rules?
The city uses dedicated enforcement teams and technology platforms to monitor online listings. Code Compliance at (305) 673-7555 conducts investigations and sting operations. Fines start at $20,000 and can reach $100,000 for repeat offenders.
Miami FAQ
How many guests can stay in a Miami short-term rental?
Overnight occupancy is limited to two persons per bedroom plus two additional guests, with an absolute maximum of 12 persons. Children under 3 years old are not counted toward the occupancy limit.
Can I host a party at my Miami short-term rental?
No. Miami prohibits using short-term rentals for events or parties. Properties advertised for gatherings face enforcement action including Certificate of Use revocation.
What happens if my guests exceed the occupancy limit?
Neighbors can report over-occupancy to Code Compliance at (305) 416-2087. First offense citations start at $500, and repeated violations may result in loss of the STR permit.
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