Primary-Residence-Only Rule: Miami Beach vs Miami
How do primary-residence-only rule rules compare between Miami Beach, FL and Miami, FL?
Miami has fewer restrictions than Miami Beach.
Miami Beach, FL
Miami-Dade County
Miami-Dade does not impose a countywide primary-residence requirement on short-term rentals, but Florida statute §509.032 and Ord. 14-77 limit the county's ability to ban non-owner-occupied rentals where zoning otherwise permits transient use.
View full Miami Beach rules →Miami, FL
Miami-Dade County
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.
View full Miami rules →Key Facts Comparison
| Fact | Miami Beach | Miami |
|---|---|---|
| Primary residence rule | None countywide | - |
| FL preemption | §509.032(7) | - |
| Occupancy cap | 2 per bedroom + 2 | - |
| Registration | Required all STRs | - |
| 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 |
Highlighted rows indicate differences between cities.
Miami Beach FAQ
Does Miami-Dade require STR hosts to live at the property?
No. The county does not have a primary-residence rule. Florida law limits how strictly counties can regulate STRs versus other dwellings.
Can the county add a primary-residence rule later?
Only narrowly. Florida §509.032 preempts new local STR bans, so a primary-residence-only rule would likely be challenged unless tied to grandfathered authority.
Miami FAQ
Can a Miami investor own multiple STR units?
Yes, in eligible T4-T6 zones with proper DBPR license, city Certificate of Use, county STR registration, and tourist tax accounts for each property. Florida law forbids cities from restricting investor ownership.
My condo bans STRs - does city law override?
No. Condo declarations and HOA rules are private contracts that operate independently of city zoning. Even if your unit is in a STR-eligible zone, your association may bar rentals under 30 or 90 days.
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