Miami-Dade County, FL Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- Residency trigger
- Estate or Low Density CDMP designation
- Residency duration
- More than 6 months per calendar year
- Availability duty
- 24 hours/day, 7 days/week, countywide UMSA
- Exempt zones
- Low-Medium, Medium, Medium-High, High Density
- Tied to
- Certificate of Use application, Section 33-28(C)
Summary
In unincorporated Miami-Dade areas designated Estate or Low Density residential on the county's land use plan, the 'responsible party' running a vacation rental must actually live at the property more than six months of the year. Everywhere else in unincorporated Miami-Dade, that residency isn't required, but the responsible party must still be reachable 24/7 to handle any issue that comes up.
(3)Responsible party shall mean the person or entity authorized by the property owner to obtain a Certificate of Use for a vacation rental, and who will be:(a)Responsible for ensuring compliance with all regulations related to vacation rentals; and(b)Available to respond 24 hours per day, 7 days per week to any issue that arises relating to the vacation rental....(4)Responsible party residency. In any area designated on the CDMP as Estate or Low Density residential, the property on which a vacation rental is operated shall be a residence in which the responsible party resides for more than six months per calendar year. Nothing in this subsection shall preclude the rental of the property at the same time that the responsible party is residing there. The requirement of responsible party residency set forth in this subsection shall not apply to a vacation rental located in any area designated Low-Medium, Medium, Medium-High, or High Density residential on the CDMP.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Miami-Dade County Code § 33-28 regulates vacation rentals (short-term rentals under 30 days) in the unincorporated area only. ' A stricter, genuinely physical presence rule applies on top of that in lower-density neighborhoods: subsection (D)(4), 'Responsible party residency,' requires that in any area designated Estate or Low Density residential on the county's Comprehensive Development Master Plan (CDMP), the vacation rental property must be a residence where the responsible party actually resides more than six months per calendar year. The section clarifies the owner can still rent the property while living there.
This residency mandate does not apply in areas designated Low-Medium, Medium, Medium-High, or High Density residential on the CDMP, where a non-resident responsible party is permitted so long as the 24/7 availability duty is met. Both duties tie back to the Certificate of Use application under subsection (C), which must list the responsible party's name, address, and phone number before a vacation rental can legally operate.
Violations & Fines
Operating a vacation rental in an Estate or Low Density area without the responsible party meeting the six-month residency requirement, or without a responsible party reachable 24/7, is a violation of Section 33-28 subject to penalties under Section 8CC-10 and Section 1-5; three or more violations within 12 months blocks Certificate of Use renewal unless a $10,000 bond is posted.
Frequently Asked Questions
Do I have to live at my Miami-Dade vacation rental to operate it?
Can I rent my Estate-zone property short-term while also living there?
If I don't have to live there, do I still have obligations as the responsible party?
Does this residency rule apply inside the City of Miami or Miami Beach?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida short-term rentals overview
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