Is Airbnb legal in Miami?

Brief Overview of Airbnb Regulations in Miami

Miami's regulations for Airbnb and other short-term rentals are primarily governed by both Miami-Dade County and the City of Miami, each with specific requirements for compliance.

Miami-Dade County Regulations:

1. Certificate of Use (CU): Hosts must obtain a Certificate of Use from Miami-Dade County to operate a vacation rental in unincorporated areas. This involves an online or in-person application, and hosts must adhere to certain pre-requisites related to zoning and property use.

2. State License Requirement: If renting out an entire unit, hosts must also secure a Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR). This requires various documentation, including a Florida sales tax number.

3. Tax Obligations: Both the county and state impose tourist taxes on short-term rentals, applicable to rentals of six months or less. Hosts must be aware of these tax requirements.

4. Zoning Restrictions: Vacation rentals are permissible in designated Residential Communities but have specific residency requirements in lower density areas. A responsible party must reside at the property for over six months per year if the rental is located in an area classified as Estate or Low Density Residential.

City of Miami Regulations:

1. Short-Term Rental License: Operators must apply for a short-term rental license through the City of Miami, ensuring adherence to the Miami 21 zoning code which governs land use.

2. Zoning and Compliance: Properties must comply with zoning laws that dictate permissible uses, which include terms like "bed and breakfast" or "lodging unit."

3. Business Licenses & Tax Compliance: Like the county, the City of Miami mandates a business license and remains vigilant about tax compliance on short-term rentals.

Additional Considerations:

• Residency Rules: Hosts should also review any applicable lease agreements or homeowners' association rules that may impose additional restrictions on short-term rentals.
• Resources for Hosts: Miami provides various resources, including links to local law departments, hosting communities on social media, and FAQs to assist hosts in navigating regulations.

For those considering becoming an Airbnb host in Miami, understanding and complying with these regulations is crucial to avoid penalties and ensure a smooth hosting experience.