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Hialeah, FL Short-Term Rentals: Night Caps (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Annual Night Cap
None
Owner-Occupied Cap
None
Non-Owner-Occupied Cap
None
State Preemption
FS 509.032(7)(b) bars duration/frequency limits
STR Definition
Rented 3+ times/year for under 30 days

Summary

Hialeah and Miami-Dade County do not impose annual night caps on short-term rentals. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of vacation rental stays unless the ordinance predates June 1, 2011, which Hialeah's current STR rules do not.

509.032 Duties. — [...] (7) PREEMPTION AUTHORITY. — (a) The regulation of public lodging establishments and public food service establishments, including, but not limited to, sanitation standards, inspections, training and testing of personnel, and matters related to the nutritional content and marketing of foods offered in such establishments, is preempted to the state. This paragraph does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.206. (b) A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. (c) Paragraph (b) does not apply to any local law, ordinance, or regulation exclusively relating to property valuation as a criterion for vacation rental if the local law, ordinance, or regulation is required to be approved by the state land planning agency pursuant to an area of critical state concern designation.

Source: Florida Statute 509.032(7)(b)View official code

Full Breakdown

Unlike jurisdictions such as San Francisco or Honolulu, neither Hialeah nor Miami-Dade County caps the number of nights a property may operate as a short-term rental. The Florida vacation rental preemption statute, FS 509.032(7)(b), expressly bars local governments from prohibiting vacation rentals or regulating the duration or frequency of stays unless their ordinance was adopted on or before June 1, 2011. Hialeah's STR framework relies on Miami-Dade County's Certificate of Use program (Ordinance 2022-018 framework), which focuses on registration, occupancy, and safety rather than night limits. STRs are defined as units rented more than three times per year for periods of less than 30 days. Confirm any zoning-overlay restrictions with Hialeah Planning at (305) 883-8075.

Violations & Fines

Because no night cap exists, there are no penalties tied to total annual rental nights. Operators must still comply with CU, licensing, tax, occupancy, and safety rules; violations of those carry separate penalties.

Frequently Asked Questions

Is there a limit on how many nights I can rent my Hialeah property short-term?
No. Neither Hialeah nor Miami-Dade County imposes an annual night cap. Florida Statute 509.032(7)(b) preempts cities from regulating the duration or frequency of vacation rental stays unless the ordinance predates June 1, 2011.
Are there any time-based STR restrictions in Hialeah?
Stays of 30 days or longer fall outside the short-term rental definition entirely. Estate and Low-Density Residential zones require the responsible party to reside on the property for more than 6 months per year, which functionally limits how it can be operated.

Sources & Official References

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