In Miami, a short-term rental generally involves renting a property more than three times per year for stays of less than 30 days for transient occupancy (not a permanent dwelling). Requirements can vary by property type, so follow the steps that apply to your property and building.
Key Takeaways
- Miami generally treats a short-term rental as renting a property more than three times per year for stays under 30 days for transient occupancy, and requirements can vary by building/property type.
- Miami classifies short-term rentals as a lodging use and only allows them in specific districts listed in Miami 21 (Article 4, Table 3). Short-term rentals are not permitted in T3 and T4-R transect zones.
- Operators must obtain state and city approvals, then complete Miami’s city application with items like a lodging evaluation form, operational management plan, and active Certificate of Use/Occupancy, plus a DBPR lodging license and Business Tax Receipt (with annual renewals required for the BTR and CU).
Zoning and Property Restrictions
Check that short-term areas are allowed in your zoning designation; short-term rentals are treated as a lodging use in Miami and are only allowed in specific zoning districts listed in Miami 21 Article 4 Table 3. They aren’t permitted in T3 and T4-R transect zones, which are generally single-family residential zones and low-density residential neighborhoods. In other zones, including commercial, missed-use residential, and tourist-oriented zones, short-term rentals may be allowed.
If your building is considered transient, meaning more than 25 percent of units are used as short-term rentals, the Building Occupancy Classification may change, which can trigger additional building code requirements.
The first step in the process is to complete the Short-Term Rental/Lodging Evaluation Form to verify with the Zoning Department that your property sits in a district where short-term rentals are permitted.
License and Registration Requirements
Landlords must secure required state licensing and tax registration, including a State of Florida vacation rental license and registration with the Florida Department of Revenue for tax collection.
State registration is only step one. To legally operate in the City of Miami, you also need to complete the city’s short-term rental application and submit the required paperwork:
- Data sheet
- Operational management plan (template provided by the city) (OMP)
- Short-term rental/lodging evaluation form
- Current/active Certificate of Use (CU)
- Current/active Certificate of Occupancy (CO)
- Department of Business & Professional Regulation (DBPR) Lodging License
- Business Tax Receipt (BTR)
- Any other applicable Miami-Dade county approvals.
Both the BTR and CU require annual renewal.
Operational Requirements and Compliance Rules
All short-term rentals must comply with the City of Miami Code of Ordinances, including Miami21 and Section 31-94.
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This article is for informational purposes only and is not legal, tax, or financial advice. The information presented here is a general overview and is not all-encompassing; it may not cover every requirement, exception, permitting process, enforcement practice, or recent update in each location. Short-term rental laws and tax rules vary by location and can change, so verify current requirements and consult a qualified attorney or professional for guidance.
FAQs
Are short-term rentals legal in Miami?
Yes, but only in certain areas and under specific conditions. In the City of Miami, short-term rentals are treated as a lodging use and are only allowed in specific zoning districts listed in Miami 21 Article 4 Table 3. They’re not permitted in T3 and T4-R transect zones, which are generally single-family and low-density residential neighborhoods. If your unit is in an allowed district, you still must meet the city’s licensing, registration, and operational compliance requirements.
Do I need a license or permit in Miami to operate a short-term rental?
Yes. To legally operate a short-term rental in the City of Miami, you must complete state licensing/tax registration and the city application process.
State requirements include:
- A State of Florida vacation rental (lodging) license
- Florida Department of Revenue registration for taxes
City of Miami requirements include submitting a short-term rental application with documentation such as:
- Short-term rental/lodging evaluation form
- Operational Management Plan (OMP)
- Certificate of Use (CU) (active/current)
- Certificate of Occupancy (CO) (active/current)
- DBPR Lodging License
- Business Tax Receipt (BTR)
- Any other applicable Miami-Dade County approvals
Renewals: Both the BTR and CU must be renewed annually.
Does a short-term rental have to be my primary residence in Miami?
Miami does not have any laws that require short-term rentals to be primary residences. The bigger issue is where short-term rentals are allowed.
