Miami, Florida Short Term Rental Regulations

City Code of Ordinances

The City of Miami has permitted short-term rental structures approved by the building department for lodging in certain transect zones. The official Miami Zoning Map has all of Miami's various transect zones and the current permitted land use (residential, lodging, commercial) structure. In Transect Zones that lodging is permitted, however, if there is no Building Certificate issued for the structure to be used for lodging, it will not be allowed. Check out Zoning GIS Information and Miami 21 Ordinance for more information.

You can apply for a warrant permit and an exception permit from the City of Miami's webpage.Due to ongoing litigation between Airbnb and the City of Miami, short-term rentals are highly restricted in Miami. The City has proposed an "Apartment Hotel" land category, distinguished from residential and lodging use. Apartment Hotels are only allowed in T4, T5, T6, and CI-HD transect zones. The City plans to create separate Certificate of Use and Business Tax Receipt categories to be issued to Apartment Hotels. 

Business License Requirements

The first step to operating a short-term rental in Miami is determining that your property is in a permissible transect zone and its land use is categorized as lodging. Then, a Certificate of Use and Business Tax Receipt will have to be obtained from the City of Miami. To obtain a Certificate of Use, you must provide Miami's Zoning office with a certificate of occupancy issued by the Building Department, reflecting your building's approval for lodging land use. The following are the steps to obtain a Business Tax Receipt:

1. Obtain a Certificate of Use 
2. Prepare Information and collect the required documents 
3. Apply for a Business Tax Receipt
4. Get approval or address any outstanding issues
5. Pay the invoice 
6. The City will send an interim BTR license via email
7. Don't forget to get a Miami-Dade Local Business Tax Receipt

Prospective hosts must obtain a lodging business license from Florida from the Department of Business and Professional Regulation (DBPR) and register with the Florida Department of Revenue to collect, report, and pay sales tax and surtax. 

The DBPR license for short-term rentals in Miami-Dade County expires on the 1st of October each year. Its annual fee is $170, the half-year fee is $90, and the $50 application fee. Moreover, short-term rental operators with multiple rental units can choose a group license. You can use the online license fee calculator to calculate multiple-unit application fees.

Building and Housing Standards

Miami enforces rules and regulations specifying minimum construction, design, and maintenance standards for buildings, including habitability, health, and safety regulations. Specific rules and regulations applicable to residential and non-residential regulations may be relevant to your listing. Contact the Miami Building Department or the Code Compliance Department for more information.

The City's first memorandum regarding Apartment Hotels specifies that the building shall contain a registration guest and lobby, with any guests or occupants required to register at the desk before accessing the unit. This being noted, the City is not currently enforcing this specification for short-term rental inspections and is possibly subject to change.

Tourist and Local Taxes

Miami-Dade County and the State of Florida assess tourist taxes on any rental of a living or sleeping accommodation for 6 months or less. More information about the County and State tourist taxes is available on the County's government website and the State's FAQ page.

Other Rules

As a responsible host, you must comprehend and abide by other contracts or regulations that bind you. These include leases, community rules, HOA rules, or other guidelines set up by tenant associations. Feel free to reach out to your landlord, housing authority, or community council to find out more. To get more information about other regulations, you can also visit Miami's official website.