Miami-Dade County, Florida Short-Term Rental Regulation: A Guide For Airbnb Hosts

Starting a Short-Term Rental Business in Miami-Dade County

To operate a short-term rental (vacation rental) in Miami-Dade County, property owners must:

• Register the property with the State of Florida Department of Business and Professional Regulation (DBPR) and obtain a vacation rental license. The annual fee is $170.
• Obtain a Certificate of Use from Miami-Dade County by applying online or in-person and paying a $140 fee. An inspection of the property is required.
• Collect and remit state sales tax and county tourist taxes. Airbnb collects and remits these taxes on behalf of hosts in Florida.
• The Certificate of Use is valid for one year and must be renewed annually if the property continues to be used as a short-term rental. It must be prominently displayed on the property.

Short-Term Rental Licensing Requirements in Miami-Dade County

To legally operate a short-term rental (less than 30 days) in Miami-Dade County, property owners must obtain a Vacation Rental License from the Florida Department of Business and Professional Regulation (DBPR) and a Certificate of Use (CU) from the Miami-Dade County Department of Regulatory and Economic Resources (RER).

The process involves the following steps:

Register the property with the DBPR and pay the $170 annual license fee: Submit a Vacation Rental Application (DBPR Form HR 7020-014) along with proof of ownership, a valid photo ID, and the required fee to the DBPR.

Apply for a Certificate of Use from Miami-Dade County RER: Submit the CU application online or in-person along with:

1. Proof of ownership
2. A copy of the state vacation rental license
3. A site plan and floor plan
4. Parking plan (1 space per 2 transient occupants)
5. Affidavit of compliance with Section 33-28 of the Miami-Dade County Code
6. $136.17 application fee ($36.70 CU fee + $89.97 inspection fee + $9.50 surcharge)

Pass the required fire and building safety inspection: An inspector will contact you to schedule the inspection within 7 days of submitting the CU application. Ensure smoke alarms, fire extinguishers, emergency lighting, and all electrical, mechanical, and plumbing systems are in proper working order.

Post the approved CU in a conspicuous location inside the rental unit: The CU must include the responsible party name, address, and 24/7 contact number, as well as the maximum occupancy allowed.

Renew the Certificate of Use: Renew the certificate annually by submitting a renewal application and paying the $136.17 fee before the expiration date. A new inspection is required each year.

The typical processing time for a short-term rental CU is 2-4 weeks from the date of application, assuming all required information is submitted and the property passes inspection.

Failure to obtain a valid Vacation Rental License and Certificate of Use before advertising or renting a property short-term in Miami-Dade County can result in significant fines:

1. 1st offense: $100
2. 2nd offense (within 24 months): $1,000
3. 3rd and subsequent offenses (within 24 months): $2,500

Unpaid fines can result in liens being placed against the property. Repeat violations can also lead to suspension or revocation of the Certificate of Use.

Required Documents for Miami-Dade County Short-Term Rentals

To legally operate a short-term rental in Miami-Dade County, property owners must obtain and submit the following documents:

1. Vacation Rental License from the Florida Department of Business and Professional Regulation (DBPR): This state-level license is required for all vacation rental properties. Apply online through the DBPR website or by mail using Form DBPR HR-7020. The annual fee is $170.
2. Certificate of Use (CU) from Miami-Dade County: The CU is obtained by submitting an application to the Miami-Dade County Department of Regulatory and Economic Resources (RER) either online or in person. The application requires proof of ownership, a copy of the state vacation rental license, a site plan, floor plan, parking plan, and an affidavit of compliance with Section 33-28 of the Miami-Dade County Code. The total fee is $136.17 ($36.70 CU fee + $89.97 inspection fee + $9.50 surcharge).
3. Proof of Registration with the Florida Department of Revenue: Short-term rental operators must register with the Florida DOR for the purposes of collecting and remitting sales and tourist taxes. Provide the certificate of registration or tax account number in the CU application.
4. Proof of Insurance Coverage: Provide a statement or policy document showing that insurance will be in effect to cover liability for injury or harm to guests and invitees while the property is used as a vacation rental.
5. Homestead Exemption Disclosure: If applicable, provide a statement acknowledging that the responsible party has received information explaining that using the property as a vacation rental could result in loss of the Homestead Exemption, and that this information has been provided to the property owner.
6. Condominium or Homeowner's Association Approval: If the property is governed by a condo or homeowner's association, a letter approving the use of the property as a short-term rental may be required.

All documents must be submitted as part of the Certificate of Use application to the Miami-Dade County RER. The CU must be prominently displayed inside the vacation rental unit along with the responsible party contact information and maximum occupancy.

Failure to obtain the required licenses and certificates before advertising or operating a short-term rental in Miami-Dade County can result in fines starting at $100 for the first offense, $1000 for the second offense, and $2500 for subsequent offenses.

Miami-Dade County Short-Term Rental Taxes

Short-term rental operators in Miami-Dade County are required to collect and remit several types of taxes:

1. Florida Sales Tax: The state sales tax rate is 6% on the total rental amount, including any cleaning fees, for stays of 6 months or less. This tax is administered by the Florida Department of Revenue and must be remitted monthly.
2. Miami-Dade County Tourist Development Tax: This is a 2% tax on the total rental amount, including cleaning fees, for stays of 182 nights or less. This tax does not apply to rentals located in Miami Beach, Bal Harbour, or Surfside.
3. Miami-Dade County Professional Sports Franchise Facility Tax: A 1% tax applies to the total rental amount, including cleaning fees, for stays of 182 nights or less. Like the Tourist Development Tax, this tax is not applicable to rentals in Miami Beach, Bal Harbour, and Surfside.
4. Miami-Dade County Convention DevelopmentTax: This 3% tax is charged on the total rental amount, including cleaning fees, for stays of 182 nights or less. The tax does not apply to rentals in Bal Harbour and Surfside.

The Tourist Development Tax, Professional Sports Franchise Facility Tax, and Convention Development Tax are collectively referred to as the "Transient Rental Taxes" and are administered by the Miami-Dade County Tax Collector. Airbnb collects and remits these taxes on behalf of its hosts in Miami-Dade County.

In total, short-term rentals in Miami-Dade County (outside of the excluded municipalities) are subject to a 12% tax rate (6% state sales tax + 6% county transient rental taxes).

Potential Tax Deductions

Short-term rental operators in Miami-Dade County may be able to deduct certain expenses related to their rental business, including:

1. Mortgage interest
2. Property taxes
3. Insurance premiums
4. Utilities
5. Repairs and maintenance costs
6. Cleaning and housekeeping expenses
7. Supplies and amenities provided to guests
8. Advertising and marketing costs
9. Property management fees
10. Depreciation of the rental property and furnishings

If a portion of the property is used exclusively for rental purposes, expenses related to that portion can be fully deducted. If the entire property is sometimes used for personal purposes, expenses must be allocated between rental and personal use based on the number of days used for each purpose.

Short-term rental operators should keep detailed records of all income and expenses and consult with a tax professional to ensure they are properly reporting their rental income and claiming all eligible deductions.

Florida Wide Short-Term Rental Rules

In addition to Miami-Dade County's local regulations, short-term rental hosts must also comply with state-wide rules in Florida:

1. Vacation Rental License: All short-term rentals must obtain a Vacation Rental License from the Florida Department of Business and Professional Regulation (DBPR). The annual fee is $170. Hosts must provide proof of ownership, a valid photo ID, and pass an inspection.
2. State Lodging Taxes: Short-term rentals must collect and remit the 6% Florida state sales tax on the total rental amount. Platforms like Airbnb collect and remit this tax on behalf of hosts.
3. Occupancy Limits: A recently passed state law caps overnight occupancy at 2 persons per bedroom, plus 2 additional persons per property, up to a maximum of 12 persons (excluding children under 3). Local governments can impose stricter limits.
4. Sexual Offenders: Short-term rental hosts cannot knowingly rent to sexual offenders or predators. Hosts must keep a register of all guests.
5. Homestead Exemption: Renting out a primary residence for more than 30 days per year as a short-term rental can jeopardize the homestead tax exemption.
6. Responsible Party: Hosts must designate a responsible party who can respond to emergencies 24/7. This contact information must be provided to guests and local authorities.
7. Advertising Requirements: Any short-term rental advertisements must include the vacation rental license number and maximum occupancy.
8. Fines and Penalties: Hosts can face fines of $500-1000+ per day for operating without a state license or failing to comply with regulations. Repeat violations can result in license suspension or revocation.

Governor DeSantis vetoed a 2024 bill that would have further restricted local government control over short-term rentals. However, the state legislature continues to consider additional state-wide regulations each year. Miami-Dade hosts should stay informed of any changes to Florida's vacation rental laws that could impact their operations.

Does Miami-Dade County Strictly Enforce STR Rules?

Based on discussions from real estate investing forums like BiggerPockets and Reddit, Miami-Dade County appears to be one of the stricter jurisdictions in Florida when it comes to enforcing short-term rental regulations. Many hosts report difficulties operating STRs in Miami due to HOA restrictions, zoning laws, and the county's licensing requirements.

One investor on BiggerPockets stated they "keep hearing that the HOA's there do not allow STR and there are a lot of restrictions from the city as well." This sentiment was echoed by several Redditors, with one host lamenting that "the chaos with all the different licenses, tax departments, etc. are really chipping away at profits."

Compared to other popular Florida STR markets, Miami-Dade County seems less Airbnb-friendly overall. The county imposes a number of rules on hosts, including obtaining a Certificate of Use, passing annual inspections, and adhering to occupancy limits. Fines for non-compliance start at $100 for a first offense and quickly escalate to $2500+ for repeat violations. The county can also place liens on properties with unpaid fines.

A 2018 court ruling determined that "Airbnb is not immune from illegal subleases" in Miami-Dade, putting more onus on the platform to ensure host compliance. And while Florida passed a law in 2021 preventing cities from outright banning STRs, Miami still has fairly restrictive zoning laws that limit rentals in many residential areas.

Despite the rules and enforcement, some hosts do continue to operate STRs in Miami-Dade, but it requires carefully navigating the regulations and accepting the risks of fines or legal issues. One Reddit host reported their Miami bookings have dropped significantly, from 90% occupancy to under 50%. Others said they've had to lower prices substantially to attract guests.

In summary, while short-term rentals are not impossible in Miami-Dade County, the area is generally less hospitable to Airbnb and the like compared to other parts of Florida. Strict enforcement of licensing rules, zoning restrictions, and the potential for steep fines makes Miami a challenging STR environment overall. Hosts should thoroughly research the regulations and weigh the risks before starting a vacation rental business in the county.

How to Start a Short-Term Rental Business in Miami-Dade County

Starting a successful short-term rental business in Miami-Dade County requires careful planning and adherence to local regulations. Follow these steps to get your vacation rental up and running:

1. Research Zoning Restrictions: Before investing in a property, verify that it is located in a zone that allows short-term rentals. Consult the Miami 21 Zoning Code and Miami-Dade County's zoning map to ensure compliance. If your property is in an Estate or Low-Density Residential zone, you must reside there for more than six months per year.
2. Obtain a State Vacation Rental License: Apply for a vacation rental license from the Florida Department of Business and Professional Regulation (DBPR). Submit the application (Form DBPR HR-7020), proof of ownership, a valid photo ID, and the $170 annual fee. Pass the required inspection to receive your license.
3. Register with Tax Authorities: Register your short-term rental with the Florida Department of Revenue for sales and tourist tax collection purposes. Miami-Dade County assesses a 6% tourist tax on rentals of six months or less, in addition to the 6% state sales tax.
4. Obtain a Certificate of Use (CU): Apply for a Certificate of Use from the Miami-Dade County Department of Regulatory and Economic Resources (RER). Submit the application online or in-person, along with proof of ownership, a copy of your state license, site plan, floor plan, parking plan, and affidavit of compliance. Pay the $136.17 fee ($36.70 CU fee + $89.97 inspection fee + $9.50 surcharge). Display the approved CU prominently in your rental unit.
5. Prepare Your Property: Ensure your rental property is safe, clean, and well-maintained. Install smoke detectors, fire extinguishers, and carbon monoxide detectors as required. Provide essential amenities and furnishings to create a comfortable and inviting space for guests.
6. Establish House Rules: Create a set of clear house rules that outline expectations for guests, such as occupancy limits, noise restrictions, parking guidelines, and pet policies. Communicate these rules to guests prior to their stay and include them in your rental agreement.
7. Obtain Insurance Coverage: Secure appropriate insurance coverage for your short-term rental, including property and liability insurance. Consult with your insurance provider to ensure you have adequate protection for your specific situation.
8. Create a Compelling Listing: Craft an attractive and informative listing on popular vacation rental platforms like Airbnb and VRBO. Use high-quality photos, detailed descriptions, and competitive pricing to stand out from other listings in the area.
9. Develop a Marketing Strategy: Promote your short-term rental through various channels, such as social media, email marketing, and targeted advertising. Encourage satisfied guests to leave positive reviews and consider offering special promotions or discounts during slower periods.
10. Manage Your Rental Effectively: Establish a system for managing bookings, guest communication, cleaning, and maintenance. Consider hiring a professional property management company if you prefer a hands-off approach or lack the time to manage the rental yourself.

By following these steps and staying informed about local regulations, you can launch a successful short-term rental business in Miami-Dade County. Remember to prioritize guest satisfaction, maintain open communication with local authorities, and adapt to any changes in the regulatory landscape to ensure long-term success.

Who to Contact in Miami-Dade County about Short-Term Rental Regulations and Zoning?

For questions about short-term rental regulations, licensing, and enforcement in Miami-Dade County, contact:

Department of Regulatory and Economic Resources (RER)

1. Phone: 786-315-2552
2. Address: 111 NW 1st Street, 12th Floor, Miami, FL 33128

RER Certificate of Use Section

Phone: 786-315-2388

To report a possible short-term rental violation, contact Miami-Dade 311:

Phone: 311 (or 305-468-5900 if outside Miami-Dade County)

For questions about zoning and planning related to short-term rentals, contact:

Miami-Dade County Planning Division

• Phone: 305-375-2835
• Fax: 305-375-2560
• Address: Stephen P. Clark Center, 111 NW 1st Street, 12th Floor, Miami, FL 33128

Helpful online resources include:

• Miami-Dade County Short-Term Vacation Rental Standards: https://www.miamidade.gov/building/standards/residential-short-term-vacation-rentals.asp
• Miami-Dade RER Permitting and Inspection Center: https://www.miamidade.gov/permits/
• Miami-Dade RER Plan Status & Application Submittal Portal: https://www.miamidade.gov/Apps/RER/EPSPortal

Short-term rental hosts in Miami-Dade may also find useful information and support through real estate investing communities like:

• BiggerPockets Miami-Dade Short-Term Rental Forum: https://www.biggerpockets.com/forums/530/topics/1194146-short-term-rentals-in-miami
• AirBnb Hosting Forum for Miami Hosts: https://community.withairbnb.com/t5/Miami/bd-p/miami
• VRBO Community Forum for Miami Vacation Rental Owners: https://community.vrbo.com/s/group/0F90X000000kFjaSAE/miami-vacation-rental-owners

By contacting the appropriate county departments and engaging with experienced hosts in online forums, aspiring short-term rental operators can get answers to their questions and guidance on navigating the complex regulations in Miami-Dade County.

What Do Airbnb Hosts in Miami-Dade County on Reddit and Bigger Pockets Think about Local Regulations?

Airbnb hosts in Miami-Dade County have shared their experiences and thoughts on local short-term rental regulations on various online forums:

On the r/AirBnB subreddit, one host reported having their reservation cancelled at the last minute due to zoning changes in Pinellas County, FL. Commenters noted that many cities are cracking down on Airbnbs, with thousands of listings removed in major markets like New York City when laws change.

In the r/airbnb_hosts subreddit, a host asked about obtaining a short-term rental license in Miami after operating without one for 6 months on the advice of their realtor. Replies emphasized the importance of getting the state license to avoid future headaches, even if not caught so far.

A post on the r/Miami subreddit asking about Airbnb restrictions found that while the county itself doesn't have many rules, most condo and homeowner associations ban short-term rentals to maintain residential living standards and avoid the partying and disturbances that often come with Airbnb guests.

On BiggerPockets, an investor looking to convert a long-term rental to Airbnb in Jacksonville, FL struggled to get clear answers from the city on whether it was allowed and what rules applied, like minimum night stays or owner occupancy requirements.

Another BiggerPockets member warned that Florida lawmakers are proposing more state-wide regulation of vacation rentals with SB 280, advising others to research the potential negative impacts. They shared from experience that short-term rentals in Florida often have high expenses, horrible guests, and poor ROI compared to annual rentals.

The general consensus among hosts is that operating a short-term rental in Miami-Dade County and Florida requires carefully navigating an increasingly complex web of local zoning laws, condo association rules, and municipal ordinances. With regulations and enforcement on the rise, many feel the "wild west" days of Airbnb are ending. Hosts must do thorough due diligence on their specific property to ensure compliance and avoid costly fines or cancellations.

Disclaimer: While we here at BNBCalc strive to keep all of our 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 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.