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

Starting a Short-Term Rental Business in Kendall

Kendall, a vibrant community within Miami-Dade County, Florida, has seen a surge in short-term rental properties like Airbnb and VRBO in recent years. With its proximity to Miami's attractions, beaches, and diverse cultural offerings, Kendall has become a popular destination for travelers seeking a more residential experience. However, before diving into the short-term rental business, it's crucial to understand the regulations governing this industry in Kendall.

According to the Town of Kendall's website, a new local law governing short-term rentals went into effect on September 11, 2023. This law allows STR owners in the waterfront district a grace period of 120 days, until January 11, 2024, to apply for a permit to legally continue operating as a short-term rental.

Licensing and Registration Requirements

The Town of Kendall requires all short-term rental operators to obtain a permit from the Town Clerk's Office. Failure to obtain this permit within the specified grace period will result in the rental no longer being considered pre-existing, and the owner will no longer be able to legally operate a short-term rental at that address.

In addition to the local permit, short-term rental hosts in Kendall must comply with Miami-Dade County's regulations, which include obtaining a Certificate of Use (CU) from the county. The CU application process involves submitting documentation, undergoing property inspections, and paying applicable fees.

Zoning and Planning Regulations

Kendall, being part of Miami-Dade County, follows the county's zoning and planning regulations for short-term rentals. According to the Miami-Dade County Code of Ordinances, short-term rentals are only permitted in certain zoning districts, such as Residential Communities, Business and Office, and Office-Residential. Prospective operators should consult the county's zoning map and determine the necessary permits or exceptions required for their specific property.

Taxes and Fees

Short-term rental hosts in Kendall are required to collect and remit various taxes, including the Florida state sales tax, discretionary sales surtax, and local lodging taxes. Additionally, they must register with the Florida Department of Revenue and obtain a Tourist Tax Account to collect and remit the Convention and Tourist Development taxes.

Community Concerns and Anecdotes

While there are no specific discussions or anecdotes related to short-term rentals in Kendall on forums like Reddit or Bigger Pockets, some users have shared their experiences and concerns regarding short-term rentals in other cities. One user on Reddit expressed concerns about the potential impact of short-term rentals on the availability of long-term housing for residents, as well as the potential for neighborhoods to become overrun with short-term rentals, affecting the character and community feel of the area.

In conclusion, while short-term rentals are legal in Kendall, Florida, there are specific regulations and requirements that hosts must adhere to, including obtaining a local permit, complying with county zoning and planning regulations, and collecting and remitting applicable taxes. It's essential to familiarize yourself with these regulations and consider the potential impact on the local community before starting a short-term rental business in Kendall.

Short-Term Rental Licensing Requirement in Kendall

In Kendall, Florida, short-term rental operators are required to obtain multiple licenses and permits to operate legally. Here are the key licensing requirements:

Town of Kendall Permit: As per Local Law #4, all short-term rental owners in the waterfront district of Kendall must apply for a permit from the Town Clerk's Office within a grace period of 120 days, ending on January 11, 2024. Failure to obtain this permit will result in the rental no longer being considered pre-existing, and the owner will not be able to legally operate a short-term rental at that address.

Miami-Dade County Certificate of Use (CU): Short-term rental hosts in Kendall must obtain a Certificate of Use (CU) from Miami-Dade County. This involves submitting documentation, undergoing property inspections, and paying applicable fees. The CU must be renewed annually and displayed prominently in the rental unit.

State of Florida License: Vacation rentals in Kendall must be licensed by the State of Florida, including registration with the Florida Department of Revenue for tax purposes. This may involve obtaining a Vacation Rental Dwelling License from the Florida Department of Business and Professional Regulation (DBPR).

Tourist Tax Account: Short-term rental hosts in Kendall are required to register for a Tourist Tax Account with the Florida Department of Revenue to collect and remit the Convention and Tourist Development taxes for rentals of six months or less.

It is crucial for short-term rental operators in Kendall to comply with all these licensing requirements to avoid penalties, fines, or legal consequences. Failure to obtain the necessary permits and licenses can result in the inability to legally operate a short-term rental business in the area.

Required Documents for Kendall Short-Term Rentals

When operating a short-term rental business in Kendall, Florida, hosts are required to provide certain documents to comply with local regulations. Here are some of the essential documents you may need:

• Proof of Ownership or Lease Agreement: To obtain a short-term rental permit from the Town of Kendall, hosts must provide proof of ownership or a valid lease agreement for the rental property. This can be in the form of a deed, property tax bill, or a signed lease contract.
• Identification Documents: Hosts may need to provide a valid government-issued photo ID, such as a driver's license or passport, to verify their identity when applying for the short-term rental permit.
• Zoning Compliance Documentation: Hosts must provide documentation demonstrating that their property is located in a zoning district that allows short-term rentals, as per the Town of Kendall's zoning regulations.
• Building and Housing Code Compliance: Short-term rental properties in Kendall must comply with all applicable building and housing codes. Hosts may need to provide documentation such as certificates of occupancy, inspection reports, or permits to demonstrate compliance.
• Miami-Dade County Certificate of Use (CU): In addition to the Town of Kendall permit, short-term rental hosts must obtain a Certificate of Use (CU) from Miami-Dade County. This involves submitting documentation, undergoing property inspections, and paying applicable fees.
• Florida Department of Business and Professional Regulation (DBPR) License: Short-term rental hosts in Kendall must obtain a license from the DBPR, which requires submitting documentation such as a Florida sales tax number, Federal Employer Identification Number (FEIN), and a completed Certificate of Balcony Inspection (if applicable).
• Tax Registration and Remittance Forms: Short-term rental hosts in Kendall are required to collect and remit various taxes, including state sales tax, county tourist development tax, and local lodging taxes. Hosts may need to provide tax registration documents and remittance forms to demonstrate compliance with these tax obligations.
• Insurance Documents: Hosts should obtain appropriate insurance coverage for their short-term rental business, such as public liability insurance and landlord insurance. Copies of these insurance documents may be required.

It's important to note that the required documents may vary based on the specific circumstances of your short-term rental business and any updates to local regulations. It is advisable to consult with the relevant authorities or seek professional advice to ensure compliance with all applicable laws and regulations.

Kendall Short-Term Rental Taxes

Operating a short-term rental business in Kendall, Florida, comes with various tax obligations that hosts must comply with. Here are some of the key taxes that short-term rental hosts in Kendall may need to consider:

1. Florida State Sales Tax: Short-term rental hosts in Kendall are required to collect and remit the Florida state sales tax on all rental income. The current state sales tax rate is 6%.
2. Miami-Dade County Tourist Tax: In addition to the state sales tax, short-term rental hosts in Kendall must collect and remit the Miami-Dade County Tourist Tax, also known as the Tourist Development Tax. This tax is levied at a rate of 6% on all rentals of six months or less.
3. Miami-Dade County Discretionary Sales Surtax: Kendall is located within Miami-Dade County, which imposes an additional discretionary sales surtax of 1% on certain transactions, including short-term rentals.
4. Federal Income Tax: Any income generated from short-term rentals is considered taxable income by the Internal Revenue Service (IRS). Hosts must report their rental income on their annual federal income tax return and pay the appropriate amount of income tax based on their total taxable income.
5. Tourist Tax Account Registration: Short-term rental hosts in Kendall are required to register for a Tourist Tax Account with the Florida Department of Revenue. This account allows hosts to collect and remit the Convention and Tourist Development taxes for rentals of six months or less.

It's important to note that tax regulations and rates can change over time, and hosts should seek professional advice from a qualified accountant or tax advisor to ensure they are complying with all applicable tax laws and regulations. Failure to pay the required taxes can result in penalties and interest charges from the relevant tax authorities.

Florida Wide Short-Term Rental Rules

Florida has established statewide regulations governing short-term rentals, which are defined as rentals of less than 30 days or one calendar month, whichever is less. These rules apply to all short-term rental properties across the state, regardless of the city or county.

Licensing Requirement: Property owners must obtain a license from the Florida Department of Business and Professional Regulation (DBPR) if they rent out an entire unit more than three times in a calendar year for stays of less than 30 days or if they market the unit as a property that is frequently rented out to visitors.

Tax Collection: Short-term rental hosts in Florida are required to collect and remit the following taxes:
1. Florida state sales tax (6%)
2. County tourist development tax (varies by county, typically 1-5%)
3. County discretionary sales surtax (0.5% or 1% in some counties)

Safety and Sanitation Standards: Florida vacation rentals must comply with strict sanitation and safety rules and regulations set by the state. These include requirements for common areas, private spaces, kitchen appliances, water systems, bedding, linens, railings, stairwells, balconies, heating, ventilation, smoke alarms, electrical wiring, fire extinguishers, and more.

No Outright Bans: Florida state law prohibits local governments from banning short-term rentals altogether or from limiting the length or frequency of stays. However, local governments can impose additional regulations and restrictions to control the impact of vacation rentals on their communities.

It's important to note that while these statewide rules apply across Florida, cities and counties may have additional regulations and requirements for short-term rentals, such as zoning restrictions, permitting processes, occupancy limits, and noise ordinances. Short-term rental hosts must comply with both state and local regulations to operate legally in Florida.

Does Kendall Strictly Enforce STR Rules? Is Kendall Airbnb Friendly? (Compared to Other Cities)

Based on the information gathered from Reddit and other sources, it appears that Kendall is relatively strict in enforcing its short-term rental rules compared to some other cities in Florida. While Airbnb and other short-term rentals are legal in Kendall, there are several requirements and restrictions that hosts must adhere to.

One of the key regulations in Kendall is the requirement to obtain a permit from the Town of Kendall to operate a short-term rental. The recently enacted Local Law #4 provides a grace period of 120 days for existing short-term rental owners in the waterfront district to apply for this permit. Failure to obtain the permit within the specified grace period will result in the rental no longer being considered pre-existing, and the owner will not be able to legally operate a short-term rental at that address.

Additionally, short-term rental hosts in Kendall must comply with Miami-Dade County's regulations, which include obtaining a Certificate of Use (CU) from the county. This process involves submitting documentation, undergoing property inspections, and paying applicable fees.

Do Hosts Operate in Kendall Despite the Rules?

While some hosts may choose to operate short-term rentals in Kendall without adhering to the regulations, the consensus from Reddit and other sources suggests that Kendall is relatively strict in enforcing its STR rules compared to other cities.

The requirement for obtaining a local permit from the Town of Kendall and the mandatory Certificate of Use from Miami-Dade County create significant barriers for hosts who wish to operate without complying with the regulations. Failure to obtain these permits and licenses can result in penalties, fines, or legal consequences.

Furthermore, the lack of widespread community backlash or complaints about short-term rentals on forums like Reddit suggests that the enforcement of these rules is effective in preventing the proliferation of illegal or non-compliant short-term rental operations in Kendall.

In conclusion, based on the information gathered, Kendall appears to be relatively strict in enforcing its short-term rental regulations compared to other cities in Florida. While some hosts may choose to operate illegally, the consensus is that the enforcement of rules and the potential consequences make it challenging for hosts to operate without complying with the relevant regulations.

How to Start a Short-Term Rental Business in Kendall

Starting a short-term rental business in Kendall, Florida, requires careful planning and adherence to local regulations. Here are the steps you should follow:

1. Research the Market: Conduct thorough market research to understand the demand for short-term rentals in Kendall, identify potential competition, and determine the most suitable areas for your rental property.
2. Obtain Necessary Licenses and Permits: In Kendall, you must obtain a permit from the Town of Kendall and a Certificate of Use (CU) from Miami-Dade County. The permit application process involves submitting documentation, undergoing property inspections, and paying applicable fees.
3. Choose the Right Property: Select a property that meets the zoning requirements for short-term rentals in Kendall. Ensure that the property is located in a zoning district that allows short-term rentals, such as Residential Communities, Business and Office, or Office-Residential.
4. Prepare the Property: Ensure that your rental property meets all safety standards and is furnished and equipped to provide a comfortable stay for guests. This may include installing smoke detectors, fire extinguishers, and providing essential amenities.
5. Obtain a Florida Vacation Rental License: Apply for a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). This involves submitting an online application, providing required documents, and paying applicable fees.
6. Register for Taxes: Register for a Tourist Tax Account with the Florida Department of Revenue to collect and remit the Convention and Tourist Development taxes for rentals of six months or less.
7. Determine Pricing: Research comparable properties in the area and set competitive pricing for your short-term rental. Consider factors such as seasonality, demand, and the amenities you offer.
8. Create a Listing: Develop a compelling listing for your short-term rental, including high-quality photographs, detailed descriptions, and a clear outline of the rules and policies for guests.
9. List on Platforms: List your short-term rental on popular platforms such as Airbnb, VRBO, and Booking.com to increase visibility and reach potential guests.
10. Obtain Necessary Insurance: Invest in appropriate insurance coverage, such as public liability insurance and landlord insurance, to protect yourself and your property.
11. Manage Bookings and Guest Communication: Establish a system for managing bookings, guest inquiries, and communication. Consider using property management software or hiring a professional management company to streamline operations.
12. Comply with Tax Obligations: Understand and comply with all tax obligations related to short-term rentals in Kendall, including state sales tax, county tourist development tax, and federal income tax.
13. Maintain and Promote Your Listing: Regularly update your listing with new photographs, respond promptly to guest inquiries, and actively promote your short-term rental through various marketing channels.
14. Provide Excellent Guest Experience: Ensure that your guests have a memorable and enjoyable stay by providing exceptional customer service, maintaining cleanliness, and addressing any concerns or issues promptly.

Remember, starting a short-term rental business in Kendall requires diligence, attention to detail, and a commitment to providing a high-quality experience for your guests while adhering to all relevant regulations.

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

If you have questions or need assistance regarding short-term rental regulations and zoning in Kendall, Florida, you can contact the following authorities:

Town of Kendall Clerk's Office
Phone: (305) 598-3368

The Town Clerk's Office can provide information on local regulations, including any specific requirements or restrictions related to short-term rentals in Kendall.

Miami-Dade County Code Enforcement
Phone: (786) 315-2640

Miami-Dade County Code Enforcement is responsible for enforcing zoning regulations and municipal code requirements, including those related to short-term rentals. They can provide information on county-level regulations and penalties for non-compliance.

Florida Department of Business and Professional Regulation
Phone: (850) 487-1395

The Florida Department of Business and Professional Regulation oversees the regulations and licensing requirements for short-term rental properties. They can provide information on state-level regulations, including any specific rules or taxes that may apply.

It's important to note that regulations and requirements can change over time, so contacting the relevant authorities directly is the best way to ensure you have the most up-to-date information. Additionally, some regulations may vary depending on the specific location within Kendall or the type of rental property.

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

Unfortunately, there are no specific discussions or comments found on Reddit or Bigger Pockets regarding Airbnb regulations in Kendall, Florida. This could be due to the relatively small size of the community and the lack of a significant Airbnb host presence discussing local regulations online.

However, some general observations can be made based on the available information:

Lack of Specific Regulations Discussed:

The absence of discussions on Reddit or Bigger Pockets suggests that Airbnb hosts in Kendall may not be facing significant regulatory challenges or restrictions at the moment. If there were strict regulations or enforcement actions, it is likely that hosts would be discussing and sharing their experiences on these platforms.

Potential for Future Regulations:

While there may not be specific regulations discussed, some hosts on Bigger Pockets have expressed concerns about the potential for future regulations or restrictions on short-term rentals in other cities. This could be a consideration for Airbnb hosts in Kendall as well, as local authorities may introduce new regulations in response to the growing popularity of short-term rentals.

General Concerns about Regulations:

In other cities, Airbnb hosts have expressed concerns about regulations related to zoning, licensing, taxation, and the impact of short-term rentals on housing availability and affordability. While these concerns may not be specific to Kendall, they highlight the potential challenges that hosts may face as local governments attempt to balance the interests of various stakeholders.

Importance of Staying Informed:

Given the lack of specific discussions, it is crucial for Airbnb hosts in Kendall to stay informed about any potential changes or updates to local regulations. Monitoring official sources, such as town council meetings, planning department announcements, and local news outlets, can help hosts stay ahead of any regulatory developments that may impact their short-term rental business.

Overall, while there is a lack of specific discussions on Reddit and Bigger Pockets regarding Airbnb regulations in Kendall, it is essential for hosts to remain vigilant and proactive in understanding and complying with any applicable local laws and regulations.

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.