Is Airbnb legal in Miami Beach?

In Miami Beach, the regulations for Airbnb and short-term rentals have become increasingly stringent to balance community needs with tourism interests. As of 2024, hosts must navigate a layered legal landscape involving local, state, and county regulations.

Registration and Licensing: To legally operate a short-term rental, property owners must first obtain a Florida Vacation Rental Dwelling License, a City of Miami Beach Business Tax Receipt, and a Resort Tax Certificate. Additionally, properties must be registered with the Florida Department of Business and Professional Regulation (DBPR).

Operational Restrictions: Miami Beach prohibits short-term rentals in all single-family homes and many multi-family dwellings. Furthermore, hosts are often required to reside on-site while renting and may need to pass inspections for balcony safety, especially if their property is three stories or higher.

Zoning Compliance: Rentals are permitted only in designated zones, and properties lacking a Building Certificate for lodging cannot operate as short-term rentals. The city uses its zoning map to help hosts determine whether their listings are compliant with local zoning regulations.

Financial Obligations: Hosts must collect and remit sales, resort, and tourist development taxes. The current state sales tax is 6%, with additional local surcharges, making compliance with tax regulations essential for hosts.

Community Impact and Enforcement: Miami Beach strives to mitigate the negative impacts of short-term rentals, including noise restrictions and parking management. Code Compliance Departments actively enforce regulations, issuing fines for non-compliance, which can increase significantly for repeat offenses.

In summary, anyone looking to host on Airbnb in Miami Beach must be well-versed in these regulations and ensure compliance to operate successfully and sustainably in the local short-term rental market.