Miami, FL Short-Term Rentals: Night Caps (2026)
Key Facts
- 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
Summary
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.
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.
Full Breakdown
Florida is a preemption state for short-term rental duration and frequency. Under FS 509.032(7)(b), a local government may not prohibit vacation rentals or regulate their duration or frequency unless the relevant ordinance was adopted on or before June 1, 2011 (the grandfather date). The City of Miami's vacation rental framework is built around zoning eligibility, the Certificate of Use, occupancy limits, and life-safety standards rather than a cap on the number of nights a unit may be rented in a calendar year. As long as the property sits in a permitted transect zone (generally T4, T5, T6, or CI-HD under Miami 21), holds a current Certificate of Use, a Business Tax Receipt, and a DBPR vacation rental license, and complies with occupancy and tax rules, hosts may rent year-round. Condo and HOA documents, however, can independently impose minimum-stay or per-year limits, and those private restrictions are enforceable in addition to city rules.
Violations & Fines
Because no city night cap exists, there are no city penalties for exceeding a nightly limit. Enforcement focuses on operating without the required Certificate of Use, DBPR license, or in a non-permitted T3 zone, and on occupancy, noise, parking, and trash violations.
Frequently Asked Questions
Does Miami limit how many nights per year I can rent on Airbnb?
Is there a minimum stay requirement in Miami?
Could Miami add a night cap in the future?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida short-term rentals overview
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Night Caps in Nearby Cities
How other cities in Miami-Dade County handle night caps.