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Miami-Dade County, FL Short-Term Rentals: Primary-Residence-Only Rule (2026)

Some Restrictions

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Key Facts

Primary residence rule: None countywide
FL preemption: §509.032(7)
Occupancy cap: 2 per bedroom + 2
Registration: Required all STRs

City-specific rules exist: Miami has its own primary-residence-only rule rules that differ from Miami-Dade County's county-level regulations. If you live in Miami, check the city-specific page instead.

Summary

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.

Full Breakdown

Florida partially preempts STR regulation under §509.032(7), barring local governments from prohibiting STRs outright or regulating them more strictly than other dwellings unless the ordinance predates June 1, 2011. Miami-Dade Ord. 14-77 was crafted within this preemption window and does not restrict rentals to primary residences. Instead, the county relies on zoning compatibility, occupancy caps (two persons per bedroom plus two), and registration. Investor-owned absentee STRs are lawful in tourism and multi-family districts but face heavy zoning friction in single-family neighborhoods.

Violations & Fines

Operating an unregistered STR, regardless of residency status, violates Ord. 14-77 and Ch. 8CC, with escalating civil fines and potential use revocation.

Frequently Asked Questions

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.

How does Miami-Dade County compare?

See how Miami-Dade County's primary-residence-only rule rules stack up against other locations.

Compare to Another Location View Florida Overview

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Miami-Dade County, FL Short-Term Rentals: Primary-Residence-Only Rule (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

Related Miami-Dade County Ordinances

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Hotels & Lodging: Transient Occupancy Tax

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