Hialeah Short Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short Term Rental Business in Hialeah

The City of Hialeah has specific regulations for operating short-term vacation rentals through platforms like Airbnb and VRBO. Short-term rentals are allowed in certain residential areas, but property owners must obtain the proper licenses and permits before renting out their property12.

Hialeah defines a short-term rental as any unit or group of units in a condominium, cooperative, or individually owned single-family home that is rented to guests more than three times per year for periods of less than 30 days5. This is consistent with the state of Florida's definition in the Florida Department of Business & Professional Regulation (DBPR).

Before starting a short-term rental business in Hialeah, it's important to check if your property is zoned for this type of use. The city limits short-term rentals to certain residential areas, and additional restrictions may apply. For example, the responsible party must reside in the rental property for more than 6 months per year if it is located in an area designated as Estate or Low Density Residential5.

It's also critical to understand the legal, zoning, and insurance requirements for operating a short-term rental in Florida. Property owners must obtain a business license from the DBPR if renting out an entire unit more than three times per year5. However, renting out individual rooms that do not qualify as public lodging establishments may be exempt from licensing.

Short Term Rental Licensing Requirement in Hialeah

To legally operate a short-term rental in Hialeah, property owners must apply for a Certificate of Use (CU) with Miami-Dade County. The application process involves submitting plans, permit applications, and affidavit forms to demonstrate compliance with building codes and zoning regulations112.

After completing the application, the responsible party will receive a 10-digit numeric certificate number that must be added to their short-term rental listing. This allows the city and county to track and monitor short-term rental activity1.

It's important to note that condos and single-family homes cannot be operated under the same short-term rental license in Florida5. Owners with multiple properties of the same type can submit a single application, but mixed-use properties require separate licenses.

Required Documents for Hialeah Short Term Rentals

When applying for a Certificate of Use, short-term rental operators in Hialeah must provide several documents to demonstrate compliance with local regulations112:

• A completed permit application signed by the property owner
• Two sets of plans showing property lines, dimensions, location of the rental unit, and number of restrooms
• Plans detailing the rental unit that comply with the Florida Building Code and are signed and sealed by a licensed architect or engineer
• A Professional Certification for Short Term Event Affidavit and Verification Form

The plans must show that the rental unit meets all building, zoning, and fire safety requirements. The city may conduct inspections to verify compliance before issuing the Certificate of Use.

Operators should allow ample time to prepare the required documents and complete the application process before listing their property for rent. Failure to obtain the proper license can result in fines and legal penalties.

Hialeah Short Term Rental Taxes

Like most transactions in Florida, short-term rentals in Hialeah are subject to state and county taxes. These include915:

• Florida Transient Rental Tax of 6% on rentals under 6 months
• Florida Discretionary Sales Surtax of 0.5-1.5% which varies by county
• Miami-Dade County Tourist Development Tax of 6% on rentals under 6 months

Property owners are responsible for collecting these taxes from guests and remitting them to the appropriate authorities. However, some platforms like Airbnb collect and remit the taxes on behalf of hosts to simplify the process15.

It's important for short-term rental operators to understand their tax obligations and maintain accurate records. Failing to collect and remit the required taxes can lead to audits, fines, and legal issues.

Short-term rental income is also subject to federal income tax. Owners can take certain deductions for expenses related to the business use of their property. If the property is rented for more than 14 days per year, owners may qualify for additional tax benefits5.

However, operating a short-term rental can jeopardize Florida's homestead tax exemption. If the property is the owner's primary residence, they can receive a $25,000 exemption on the first $50,000 of assessed value. But renting the property for more than 30 days per year puts the exemption at risk5.

Hialeah-wide Short Term Rental Rules

In addition to licensing and tax requirements, the City of Hialeah imposes several rules on short-term rental properties to protect quality of life for residents. These include25:

• Limiting rentals to certain residential zones
• Requiring the responsible party to reside in the property at least 6 months per year in some areas
• Restricting overnight occupancy to a maximum of 2 persons per bedroom, plus 2 additional persons per property
• Prohibiting rentals to guests under 21 years of age
• Requiring evacuation plans and fire safety equipment
• Limiting noise and disturbances
• Providing sufficient off-street parking

Owners must ensure their properties comply with these rules to avoid fines and maintain their license. Some regulations, like occupancy limits, must be clearly communicated to potential guests before booking.

Hialeah also requires short-term rentals to carry liability insurance coverage. Policies typically cost $200-400 per year and protect both the owner and guests in case of accidents or injuries5.

Does Hialeah strictly enforce STR rules?

Based on discussions from Airbnb hosts on Reddit and Bigger Pockets forums, Hialeah appears to be somewhat strict in enforcing its short-term rental regulations compared to other cities in Florida1819.

The city actively monitors residential properties for unlicensed short-term rentals. Code enforcement officers respond to complaints from neighbors about noise, parking, and other disturbances. Hialeah also encourages residents to report suspected illegal rentals through a hotline and online portal17.

Fines for operating without a license or violating other rules can be substantial. Repeat offenders may have their Certificate of Use revoked, preventing them from renting the property on a short-term basis.

However, some hosts say they are able to operate short-term rentals in Hialeah without major issues as long as they obtain the proper licenses and follow the rules19. The city seems most concerned about preventing nuisances and ensuring basic safety rather than banning short-term rentals outright.

Overall, Hialeah allows short-term rentals but is not as Airbnb-friendly as some other Florida destinations like Miami Beach or Orlando. Owners should carefully weigh the costs and requirements before starting a short-term rental business.

How to Start a Short Term Rental Business in Hialeah

If you've determined that your property is eligible for short-term rentals under Hialeah's zoning code and you're prepared to follow the rules, here are the key steps to get started151216:

• Check if your property is zoned for short-term rentals and meets Hialeah's location requirements.
• Apply for a Certificate of Use with Miami-Dade County and obtain a certificate number.
• Provide all required documents including plans, permit application, and affidavit forms.
• Ensure your rental unit complies with the Florida Building Code and fire safety regulations.
• Register to collect and remit state and county taxes, or confirm Airbnb is collecting on your behalf.
• Obtain liability insurance coverage for the property.
• Create your short-term rental listing and include your Certificate of Use number.
• Communicate rules and requirements to guests before and during their stay.
• Maintain the property in a safe and code-compliant manner, and respond promptly to any issues.
• Keep accurate records of rental income and expenses for tax purposes.

Starting a successful short-term rental business also requires effective marketing and customer service. Owners should take high-quality photos, write compelling descriptions, and price competitively to attract guests. Providing amenities like fast WiFi, streaming entertainment, and local recommendations can lead to positive reviews and repeat bookings.

Owners should also have a system for screening guests, handling maintenance requests, and communicating with neighbors. Using a reputable platform like Airbnb or VRBO provides some protections, but owners are ultimately responsible for what happens at their property.

Some owners choose to hire a short-term rental property management company to handle licensing, cleaning, booking, and guest communication. This allows them to earn passive income without the day-to-day hassles. However, management fees can eat into profits, so it's important to crunch the numbers.

Who to contact in Hialeah about Short Term Rental Regulations and Zoning?

If you have questions about short-term rental requirements and zoning in Hialeah, here are some key contacts1420:

Miami-Dade County Department of Regulatory and Economic Resources
Phone: 786-315-2000
Email: [email protected]

Hialeah Planning and Zoning Division
501 Palm Avenue, 2nd Floor
Hialeah, FL 33010
Phone: (305) 883-8075

These departments can provide information on the Certificate of Use process, zoning restrictions, building code requirements, and other regulations. They can also investigate complaints and violations.

For tax-related questions, contact the Florida Department of Revenue or the Miami-Dade County Tax Collector's Office.

For general questions about short-term rentals in Florida, the DBPR is a helpful resource.

What do Airbnb hosts in Hialeah on Reddit and Bigger Pockets think about local regulations?

Opinions on Hialeah's short-term rental regulations are mixed among hosts on online forums. Some appreciate the city's efforts to prevent party houses and protect affordable housing. Others find the rules burdensome and overly restrictive.

On the Bigger Pockets forums, some Hialeah Airbnb hosts express frustration with the "strict" and "cumbersome" licensing process for short-term rentals in Miami-Dade County19. They say it can take months to obtain a Certificate of Use, and the county is quick to issue fines for minor violations.

However, other hosts on Bigger Pockets say it is possible to operate legally and profitably in Hialeah by carefully following the rules19. They recommend working with a knowledgeable attorney or property manager to navigate the regulations.

In the /r/AirBnB subreddit, hosts discuss proposed Florida legislation that would prevent cities like Hialeah from regulating short-term rentals18. Some favor the law, arguing that "overregulation" makes it difficult for hosts to earn income and provide affordable accommodations.

But others on Reddit prefer allowing local control so communities can set their own policies based on their unique needs and character18. They worry that preempting cities like Hialeah would lead to a proliferation of investor-owned rentals, driving up housing costs and disrupting neighborhoods.

The debate over short-term rental regulations is likely to continue in Hialeah and across Florida. As the industry grows, cities are grappling with how to balance the benefits of tourism with the impacts on residents. For now, hosts in Hialeah must stay informed and adapt to the evolving legal landscape.