Miami vs San Diego: Short-Term Rental Rules Compared (2026)
Miami is currently "restricted" while San Diego is "allowed with permit". Full verified details for both markets below โ always confirm current requirements with each jurisdiction.
Side by side
| Rule | Miami, FL | San Diego, CA |
|---|---|---|
| Legal status | Restricted | Allowed with permit |
| Permit required | Yes | Yes |
| Permit name | Certificate of Use (CU) for Lodging + Business Tax Receipt (BTR) (City of Miami), plus Florida DBPR lodging license and Certificate of Occupancy | Short-Term Residential Occupancy (STRO) License (Tiers 1-4) |
| Permit fee | โ | $1,170 |
| Renewal | Annual | Biennial |
| Primary residence only | No | No |
| Owner occupancy required | No | No |
| Night cap / year | None found | None found |
| Minimum stay | None found | 2 night(s) |
| Total occupancy taxes | ~13% | ~13.75% |
| Last verified | July 10, 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 |
| Florida Transient Rental Tax (state sales tax) (6%)ยท usually collected by platform | $27.00 |
| Miami-Dade Discretionary Sales Surtax (1%)ยท usually collected by platform | $4.50 |
| Miami-Dade Tourist Development Tax (2%)ยท usually collected by platform | $9.00 |
| Miami-Dade Convention Development Tax (3%)ยท usually collected by platform | $13.50 |
| Miami-Dade Professional Sports Franchise Facility Tax (1%)ยท usually collected by platform | $4.50 |
| Total tax (13%) | $58.50 |
| Guest pays | $508.50 |
Estimate only. Platform collection varies by listing site and agreement; verify rates with the taxing authorities.
Miami, FL
In the City of Miami (distinct from Miami Beach), short-term rentals are banned in T3 and T4-R transect zones โ which cover most single-family homes and duplexes โ 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 โSan Diego, CA
Short-term rentals (under one month) are legal in San Diego but every host needs a Short-Term Residential Occupancy (STRO) license, issued in four tiers; a whole-home Tier 3 license costs $1,170 total ($41 application + $1,129 license, valid two years), while part-time and home-share tiers cost $226-$317. The biggest restriction is that each host may hold only one license and operate only one dwelling unit citywide, and whole-home licenses are capped (1% of the city's housing stock for Tier 3; Mission Beach Tier 4 is fully allocated with a frozen waitlist). Guests also pay 11.75%-13.75% transient occupancy tax depending on zone. Always confirm current requirements with the city before operating.
Full San Diegorules, playbook & sources โInformational only โ not legal, tax, or financial advice. Rules change frequently in both markets; verify current requirements with each jurisdiction before operating.