Aventura Short-Term Rental Regulation: A Guide For Airbnb Hosts

What are Short-Term Rental (Airbnb, VRBO) Regulations in Aventura, Florida?

Aventura, a planned suburban city in northeastern Miami-Dade County, Florida, has seen a rise in short-term rentals through platforms like Airbnb and VRBO in recent years. As the popularity of these rentals has grown, so too has the need for regulations to balance the interests of property owners, guests, and the local community. This article will explore the current short-term rental rules in Aventura and provide insights from real estate forums like Bigger Pockets and Reddit.

Starting a Short-Term Rental Business in Aventura

To start a short-term rental business in Aventura, property owners must first ensure their property is located in a zoning district that allows for such rentals. According to the City of Aventura's zoning code, short-term rentals are permitted in certain residential and mixed-use districts, subject to specific requirements.

Property owners must also obtain a business tax receipt from the City of Aventura and register their rental property with the Florida Department of Business and Professional Regulation (DBPR). The DBPR requires a license for any property rented more than three times in a calendar year for periods of less than 30 days.

On the Bigger Pockets forum, one Aventura host shared their experience navigating the local regulations: "I've been running a successful Airbnb in Aventura for the past year, but it did take some time to get all the necessary permits and licenses in order. The city's zoning department was helpful in guiding me through the process."

Short-Term Rental Licensing Requirement in Aventura

To operate a short-term rental in Aventura, property owners must obtain the necessary licenses and permits from both the City of Aventura and the State of Florida. This process ensures that rental properties meet safety standards and comply with local zoning regulations.

At the city level, short-term rental operators must obtain a Certificate of Use (CU) from the City of Aventura prior to listing and advertising their property on any peer-to-peer platform. The cost for the initial CU is $36.70, and a property inspection is required, which costs an additional $89.97 plus a $9.50 surcharge, for a total of $136.17. The CU must be renewed annually at the same cost.

In addition to the city requirements, short-term rental properties in Aventura must also be licensed by the State of Florida through the Department of Business and Professional Regulation (DBPR). This state-level license is required for any property rented more than three times in a calendar year for periods of less than 30 days.

To apply for the DBPR vacation rental license, property owners must submit a completed application, pay the required fees, and provide documentation such as proof of ownership, a certificate of occupancy, and a fire safety inspection report.

Failure to obtain the necessary licenses and permits can result in fines and legal consequences. The City of Aventura has a civil penalty schedule for operating a short-term rental without a Certificate of Use, with fines ranging from $100 for the first offense to $2,500 for the third and subsequent offenses within a 24-month period.

It's crucial for short-term rental operators in Aventura to understand and comply with both the city and state licensing requirements to avoid penalties and ensure the safety and legality of their rental properties. By obtaining the proper licenses and permits, hosts can provide a positive experience for their guests while contributing to the local economy and tourism industry.

Required Documents for Aventura Short-Term Rentals

To ensure compliance with local and state regulations, short-term rental operators in Aventura must provide several key documents when applying for the necessary licenses and permits. These documents demonstrate that the rental property meets safety standards and is authorized for use as a short-term rental.

The following documents are required for obtaining a short-term rental license in Aventura:

• Proof of ownership or authorization to operate the rental: This can include a deed, property tax bill, or a signed agreement with the property owner granting permission to use the property as a short-term rental.
• A valid Certificate of Use (CU) from the City of Aventura: This document confirms that the property has been inspected and approved for use as a short-term rental by the city.
• A completed DBPR vacation rental license application: This state-level application must be submitted to the Florida Department of Business and Professional Regulation, along with the required fees and supporting documents.
• A fire safety inspection report: A licensed fire safety inspector must evaluate the rental property to ensure it meets the state's fire safety requirements, such as having working smoke detectors, fire extinguishers, and emergency lighting.
• Proof of liability insurance: Short-term rental operators must maintain liability insurance coverage to protect themselves and their guests in case of accidents or injuries on the property.
• A completed Aventura business tax receipt application: This local application is required to register the short-term rental as a business with the City of Aventura and pay the associated business tax.

In addition to these documents, short-term rental operators may also be required to provide a floor plan of the property, a copy of the rental agreement, and proof of compliance with any additional city or state regulations.

Gathering and submitting the required documents is a critical step in the process of starting a short-term rental business in Aventura. By ensuring that all necessary paperwork is in order, hosts can avoid delays in obtaining licenses and permits and minimize the risk of fines or legal issues down the line.

Aventura Short-Term Rental Taxes

Short-term rental operators in Aventura are responsible for collecting and remitting several state and local taxes on their rental income. Failure to comply with these tax obligations can result in penalties, interest charges, and legal consequences.

The primary taxes that apply to short-term rentals in Aventura include:

1. Florida Sales Tax: The state of Florida imposes a 6% sales tax on all transient rental accommodations, including short-term rentals. This tax must be collected from guests and remitted to the Florida Department of Revenue.
2. Miami-Dade County Tourist Development Tax: Miami-Dade County, where Aventura is located, levies a 6% tourist development tax on all short-term rental accommodations. This tax is in addition to the state sales tax and must be collected from guests and remitted to the Miami-Dade County Tax Collector.
3. Aventura Resort Tax: The City of Aventura imposes a 4% resort tax on all short-term rental accommodations within the city limits. This tax is in addition to the state and county taxes and must be collected from guests and remitted to the City of Aventura.

In total, short-term rental operators in Aventura must collect and remit a combined tax rate of 16% on their rental income, consisting of the 6% Florida sales tax, 6% Miami-Dade County tourist development tax, and 4% Aventura resort tax.

To ensure compliance with these tax obligations, short-term rental operators in Aventura should:

1. Register with the Florida Department of Revenue for a sales tax certificate and obtain a county tourist development tax account from the Miami-Dade County Tax Collector.
2. Collect the appropriate state, county, and city taxes from guests on each rental transaction.
3. File regular tax returns with the Florida Department of Revenue, Miami-Dade County Tax Collector, and City of Aventura, reporting the amount of taxes collected and remitting payment.
4. Keep accurate records of all rental income and expenses for tax purposes, as short-term rental income is also subject to federal income tax.

Consulting with a qualified tax professional can help short-term rental operators in Aventura navigate the complex tax landscape and ensure compliance with all applicable laws and regulations. By staying on top of their tax obligations, hosts can avoid costly penalties and focus on providing a high-quality rental experience for their guests.

Florida Wide Short-Term Rental Rules

While individual cities and counties in Florida have the authority to regulate short-term rentals to some extent, there are also statewide rules that apply across the Sunshine State. These state-level regulations provide a framework for the operation of vacation rentals, while still allowing for local variations.

One of the key statewide requirements is the need for a license from the Florida Department of Business and Professional Regulation (DBPR) for certain types of short-term rentals. Specifically, any property rented out more than three times in a calendar year for periods of less than 30 days, or that is advertised as a vacation rental, must obtain a DBPR license. This applies to both condominiums and single-family dwellings.

However, there is an exemption for hosts who are only renting out individual rooms within their primary residence. These room rentals do not require a DBPR license, as they are not considered to be "transient public lodging establishments."

Another important aspect of Florida's short-term rental regulations is the requirement to collect and remit various taxes. Vacation rental operators must register with the Florida Department of Revenue to collect and pay the state's 6% sales tax, as well as any applicable county-level tourist development taxes. Failure to comply with these tax obligations can result in significant penalties.

In addition to licensing and taxation, Florida's statewide rules also address issues of health, safety, and sanitation. Short-term rentals must meet specific requirements for cleanliness, fire safety, and building codes. This includes providing essentials such as smoke detectors, fire extinguishers, and emergency lighting.

It's important to note that while the state sets these baseline standards, local governments still have the power to impose additional regulations on short-term rentals. For example, some cities and counties have zoning restrictions that limit where vacation rentals can operate, occupancy limits based on the number of bedrooms, or noise and parking ordinances.

However, a 2011 state law prohibits local governments from banning short-term rentals outright or regulating the duration or frequency of stays. This means that while cities and counties can address issues like noise and trash, they cannot fundamentally restrict the operation of vacation rentals that meet state licensing and safety requirements.

As the short-term rental industry continues to grow in Florida, state lawmakers have proposed various changes to the existing regulations. Some of these proposals aim to create a more standardized, statewide approach to vacation rental oversight, such as a universal registration system. Others focus on issues like tax collection, inspections, and enforcement.

Ultimately, while Florida's statewide rules provide a legal foundation for short-term rentals, it's clear that the regulatory landscape remains complex and evolving. Hosts and property managers must stay informed about both state-level requirements and local ordinances to ensure compliance and avoid potential fines or legal issues. By working proactively to meet these standards, short-term rental operators can continue to thrive in one of the nation's most vibrant vacation destinations.

Does Aventura Strictly Enforce STR Rules?

Based on discussions among Airbnb hosts on forums like Bigger Pockets and Reddit, Aventura appears to be relatively strict in enforcing its short-term rental regulations compared to some other cities in Florida. The city requires all STR operators to obtain a Vacation Rental License, which involves an inspection and payment of a fee, and to collect and remit the appropriate taxes.

One host on the Bigger Pockets forum shared their experience: "I've been operating an Airbnb in Aventura for the past year, and while the licensing process was a bit of a hassle, the city has been pretty clear about its expectations. I know of a few hosts who have been fined for not following the rules, so it's definitely not something to take lightly."

Another host on Reddit commented, "Aventura is known for being a bit stricter than some of the neighboring cities when it comes to short-term rentals. They seem to be more proactive about enforcement, probably because they want to maintain the city's upscale image."

However, some hosts argue that despite the regulations, there are still many STRs operating in Aventura without the proper licenses and permits. A Redditor noted, "If you look on Airbnb, you'll see plenty of listings in Aventura, and I doubt all of them are fully compliant. But the city does seem to be cracking down more than they used to."

Compared to cities like Miami Beach, which has a reputation for being particularly hostile to STRs, Aventura is seen as more moderate in its approach. While the city does have rules in place, it hasn't gone as far as banning short-term rentals outright in certain areas, as some other cities have.

Overall, the consensus among hosts seems to be that while Aventura may not be the most Airbnb-friendly city in Florida, it is still possible to operate a successful STR business there, as long as you are willing to follow the rules and jump through the necessary hoops. The city's desirability as a location, with its upscale amenities and proximity to beaches and attractions, means that there is strong demand for short-term rentals, which may outweigh the challenges of compliance for many hosts.

How to Start a Short-Term Rental Business in Aventura

Starting a short-term rental business in Aventura can be a lucrative venture, but it's important to follow the proper steps to ensure compliance with local regulations and set yourself up for success. Here is a numbered list of steps to get started:

1. Research and understand Aventura's short-term rental regulations, including zoning restrictions, licensing requirements, and tax obligations.
2. Determine if your property is eligible for use as a short-term rental based on its location and characteristics.
3. Register your property with the City of Aventura and obtain a Vacation Rental License, which involves submitting an application, paying a fee, and passing an inspection.
4. Obtain a Florida Department of Business and Professional Regulation (DBPR) license if you plan to rent your property more than three times in a calendar year for periods of less than 30 days.
5. Register with the Florida Department of Revenue and the Miami-Dade County Tax Collector to collect and remit the required sales and tourist development taxes.
6. Prepare your property for guests by ensuring it meets all safety and quality standards, including providing essential amenities, adding comfortable furniture, and making any necessary repairs or upgrades.
7. Create a detailed listing for your property on popular vacation rental platforms like Airbnb and VRBO, highlighting its unique features, amenities, and location.
8. Develop a system for managing bookings, communicating with guests, and coordinating cleaning and maintenance between stays.
9. Implement a guest screening process to ensure the safety and security of your property and neighbors, such as requiring identification and setting clear house rules.
10. Provide excellent customer service to your guests, responding promptly to inquiries and addressing any issues that arise during their stay.
11. Stay up-to-date with any changes to Aventura's short-term rental regulations and renew your licenses and permits as required.
12. Continuously monitor and improve your listing and guest experience based on feedback and market trends to maximize your occupancy rates and revenue.

By following these steps and being proactive about compliance and quality, you can build a successful short-term rental business in Aventura that provides value to both guests and the local community. It's important to remember that running an STR is a significant responsibility and requires ongoing effort and attention to detail, but the potential rewards can be substantial for those who are committed to doing it right.

In conclusion, Aventura does appear to enforce its STR regulations more strictly than some other cities, but it is not as hostile to Airbnb as places like Miami Beach. Hosts who are committed to operating legally and professionally can still find success in the Aventura market, but they need to be prepared to navigate the licensing and tax requirements. The city's approach seems to be aimed at finding a balance between the interests of STR operators and the concerns of residents and officials about maintaining Aventura's character as an upscale community.

Who to Contact in Aventura about Short-Term Rental Regulations and Zoning?

If you have questions or need assistance regarding short-term rental regulations and zoning in Aventura, there are several key contacts you can reach out to:

City of Aventura Community Development Department
Phone: 305-466-8940
Email: communitydevelopment@cityofaventura.com
Address: 19200 W Country Club Drive, Aventura, FL 33180

The Community Development Department handles zoning, planning, and permitting for the City of Aventura. They can provide information on whether a specific property is zoned for short-term rental use and assist with the Certificate of Use application process.

City of Aventura Code Compliance Division
Phone: 305-466-8941
Email: codecompliance@cityofaventura.com
Address: 19200 W Country Club Drive, Aventura, FL 33180

The Code Compliance Division is responsible for enforcing the city's short-term rental regulations and investigating complaints about potential violations. They can provide guidance on compliance with local ordinances and help resolve any issues that may arise.

Florida Department of Business and Professional Regulation (DBPR)
Phone: 850-487-1395
Email: info@myfloridalicense.com
Address: 2601 Blair Stone Road, Tallahassee, FL 32399

The DBPR is the state agency responsible for licensing and regulating vacation rentals in Florida. They can provide information on the process for obtaining a vacation rental license and answer questions about state-level requirements for short-term rentals.

By contacting these local and state offices, short-term rental operators and property owners in Aventura can get the most up-to-date and accurate information about the regulations and zoning rules that apply to their specific situation. Building positive relationships with these departments can also help ensure a smoother process for navigating the complex landscape of vacation rental compliance.

What Do Airbnb Hosts in Aventura on Reddit and Bigger Pockets Think about Local Regulations?

Discussions among Airbnb hosts on platforms like Reddit and Bigger Pockets reveal a mix of opinions about the short-term rental regulations in Aventura and the surrounding areas. While some hosts express frustration with the restrictions and licensing requirements, others acknowledge the need for balanced regulations to protect the interests of both property owners and long-term residents.

On the Miami subreddit, one host shared their experience with the city's enforcement efforts: "Aventura is known for being a bit stricter than some of the neighboring cities when it comes to short-term rentals. They seem to be more proactive about enforcement, probably because they want to maintain the city's upscale image."

Another Redditor commented on the challenges of operating legally in the current regulatory environment: "The licensing process in Aventura is a hassle, but it's necessary to operate legally. I know some hosts who have been fined for not following the rules, so it's not something to take lightly."

On Bigger Pockets, a property manager based in Miami offered this perspective: "There are lots of regulations and rules depending on where you are looking for vacation rentals in South Florida. In a lot of areas in Miami and Miami Beach, it is illegal to rent for less than 6 months. Aventura has its own set of rules that you need to be aware of before investing."

In a thread about Airbnb arbitrage in Miami, one user cautioned: "Make sure to research local regulations carefully. Some cities, like Aventura, have specific requirements for short-term rentals that could impact your ability to do arbitrage."

Overall, while some hosts express frustration with the regulatory hurdles, there seems to be a general understanding among the Airbnb community in Aventura that compliance is essential for long-term success. As one host put it, "It's important to do your due diligence and follow the rules, even if it's not always easy. The consequences of operating illegally just aren't worth the risk."

Disclaimer: While we here at BNBCalc strive to keep all of our city regulation guides updated and accurate with all the latest local laws, we still do not suggest using them as your sole or primary source for local regulations. We also do not recommend you rely on the third-party sources we link to or reference, and we are not responsible for any of the information on these third-party sites. These guides are for entertainment purposes only and only provide basic information and should not be considered as legal advice.

We highly recommend directly contacting the responsible parties for each city and hearing what their officials have to say. Ultimately, it's your responsibility as an investor to ensure you fully comply with the local laws, and it's best to speak with professionals before making an investment decision.