Austin vs Miami: Short-Term Rental Rules Compared (2026)
Austin is currently "allowed with permit" while Miami is "restricted". Full verified details for both markets below — always confirm current requirements with each jurisdiction.
Side by side
| Rule | Austin, TX | Miami, FL |
|---|---|---|
| Legal status | Allowed with permit | Restricted |
| Permit required | Yes | Yes |
| Permit name | Short-Term Rental (STR) Operating License | Certificate of Use (CU) for Lodging + Business Tax Receipt (BTR) (City of Miami), plus Florida DBPR lodging license and Certificate of Occupancy |
| Permit fee | $836.30 | — |
| Renewal | Biennial | Annual |
| Primary residence only | No | No |
| Owner occupancy required | No | No |
| Night cap / year | None found | None found |
| Minimum stay | None found | None found |
| Total occupancy taxes | ~17% | ~13% |
| Last verified | July 12, 2026 | July 10, 2026 |
Compare guest tax loads
Switch between the two markets to see itemized occupancy taxes on the same stay.
| Gross rent | $450.00 |
| Texas Hotel Occupancy Tax (state) (6%)· usually collected by platform | $27.00 |
| City of Austin Hotel Occupancy Tax (11%)· usually collected by platform | $49.50 |
| Total tax (17%) | $76.50 |
| Guest pays | $526.50 |
Estimate only. Platform collection varies by listing site and agreement; verify rates with the taxing authorities.
Austin, TX
Short-term rentals are legal citywide in Austin — allowed as an accessory use in every zoning district — but each STR must hold a city operating license ($836.30 for a new license, $385.30 renewal, valid two years as of October 2025). There is no owner-occupancy requirement (a 2023 federal court struck that down), but density is capped: at most two STRs per single-family site with 1,000-foot site-to-site spacing for additional units by the same operator, and generally 10% of units in multifamily buildings; starting July 1, 2026 platforms must delist unlicensed properties on city request. Guests pay 6% state plus 11% city hotel occupancy tax, both collected by platforms like Airbnb and Vrbo for platform bookings. Always confirm current requirements with the city before operating.
Full Austinrules, playbook & sources →Miami, FL
In the City of Miami (distinct from Miami Beach), short-term rentals are banned in T3 and T4-R transect zones — which cover most single-family homes and duplexes — under a ban upheld in City of Miami v. Airbnb, and are legal only in higher-intensity zones where Miami 21 permits lodging. Operating legally requires converting the unit to Apartment-Hotel/Condo-Hotel use via a building permit, then holding a Certificate of Occupancy, an annually renewed city Certificate of Use, a city Business Tax Receipt, and a Florida DBPR lodging license (about $170/year for a single unit plus a $50 application fee; city fees are invoiced case-by-case). Combined lodging taxes total roughly 13% (6% state sales + 1% county surtax + 6% Miami-Dade tourist taxes), which registered platforms like Airbnb collect. Always confirm current requirements with the city before operating.
Full Miamirules, playbook & sources →Informational only — not legal, tax, or financial advice. Rules change frequently in both markets; verify current requirements with each jurisdiction before operating.