Miami-Dade County, FL Short-Term Rentals: Occupancy Limits (2026)
Key Facts
- Overnight cap
- 2/bedroom + 2, max 12
- Daytime cap
- Overnight max + 4, max 16
- Scope
- Unincorporated Miami-Dade (UMSA) only
- Exemption
- Children under 3 excluded
- Overnight window
- 10:00 p.m. to 7:00 a.m.
Summary
Miami-Dade County caps vacation rental occupancy in unincorporated areas (UMSA) at two guests per bedroom plus two extra, up to 12 overnight and 16 daytime, excluding children under three.
Maximum overnight occupancy for vacation rentals shall be up to a maximum of two persons per bedroom, plus two additional persons per property, up to a maximum of 12 persons, excluding children under three years of age. At all other times, maximum occupancy for vacation rentals shall not exceed the maximum overnight occupancy of the vacation rental plus four additional persons per property, up to a maximum of 16 persons, excluding children under three years of age.
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
Under County Code Sec. 33-28(D)(3), vacation rentals in unincorporated Miami-Dade County (UMSA) may sleep up to two persons per bedroom plus two additional occupants, capped at 12 people, between 10:00 p.m. and 7:00 a.m. Outside those overnight hours the cap rises to the overnight maximum plus four more people, up to 16 total. Children under three don't count toward either cap, but occupancy can never exceed the Florida Building Code's maximum occupant load for the unit. The rule governs vacation rentals holding a County Certificate of Use in UMSA, it does not reach the 34 incorporated municipalities, which regulate their own vacation rentals separately.
Violations & Fines
Exceeding the occupancy cap violates Sec. 33-28 and is punishable under Sec. 8CC-10, plus possible suspension or non-renewal of the property's Certificate of Use.
Frequently Asked Questions
Does this occupancy cap apply inside the City of Miami or Miami Beach?
How many overnight guests can a vacation rental in UMSA hold?
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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