Short-Term Rental Laws in Miami, FL (2026)
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.
Miami STR rules at a glance
| Legal status | Restricted |
|---|---|
| Permit required | 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 |
| Renewal | Annual |
| Owner occupancy required | No |
| Primary residence only | No |
| Total occupancy taxes | ~13% of gross revenue |
| Enforcement | Enforcement is active and complaint-driven, led by City of Miami Code Compliance (56 inspectors) with audits and unannounced site visits also possible from Code Enforcement and Fire Prevention. In the 12-month period ending September 30, 2024, the city cited 319 single-family-home owners for violating the STR ordinance, though only 28 cases had been adjudicated. Since a 2021 law change, anonymous complaints cannot open cases; residents report suspected illegal rentals via 311 or the city's 'Report an Illegal Residential Use' page. Cases go before the Code Enforcement Board, and owners sometimes contest with false leases or coached guest statements. |
What will guests pay in taxes on a Miami stay?
Itemized occupancy taxes for Miami, FL — enter your nightly rate to see the real cost breakdown.
Miami occupancy tax calculator
| Gross rent | $450.00 |
| Florida Transient Rental Tax (state sales tax) (6%)· usually collected by platform | $27.00 |
| Miami-Dade Discretionary Sales Surtax (1%)· usually collected by platform | $4.50 |
| Miami-Dade Tourist Development Tax (2%)· usually collected by platform | $9.00 |
| Miami-Dade Convention Development Tax (3%)· usually collected by platform | $13.50 |
| Miami-Dade Professional Sports Franchise Facility Tax (1%)· 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.
Permits & licensing
Miami requires Certificate of Use (CU) for Lodging + Business Tax Receipt (BTR) (City of Miami), plus Florida DBPR lodging license and Certificate of Occupancy to operate a short-term rental, renewed annual.
The City of Miami does not publish a flat STR fee; CU costs (including fire and code inspection fees) are invoiced per the city fee schedule after application through MiamiBiz, and conversion also requires a building permit with fees that vary by project. The state DBPR vacation-rental/lodging license is $170 per full year for a single unit ($150 base + $10/unit + $10 HEP fee) plus a $50 application fee. Miami-Dade County's separate vacation-rental Certificate of Use ($139.44 + $115.26 inspection) applies to unincorporated areas, not inside city limits, though DERM (county) review is part of the city CU process.
Zoning & location rules
Zoning is the central restriction. Under Miami 21, single-family homes and duplexes in T3 and T4-R transect zones are not eligible for short-term rental/lodging use (ban upheld in City of Miami v. Airbnb, Fla. 3d DCA 2018). STRs are permitted only where lodging is an allowed use — generally higher-intensity transect zones (e.g., non-R T4, T5, T6, CI-HD) — and the building must be converted to Apartment-Hotel or Condo-Hotel use with an HOA/COA-certified Operational Management Plan. If more than 25% of a building's units are transient lodging, the entire building must be reclassified to Florida Building Code R-1 (hotel) occupancy standards. Overlay zones and Special Area Projects may impose additional restrictions. 'Transient' means any unit rented more than three times a year for periods of less than 30 days.
Taxes
| Tax | Rate | Who collects |
|---|---|---|
| Florida Transient Rental Tax (state sales tax)Applies to reservations 182 nights and shorter; 6% of the listing price including cleaning fees. Airbnb collects and remits statewide; hosts booking off-platform remit to the Florida Department of Revenue. | 6% | platform |
| Miami-Dade Discretionary Sales SurtaxMiami-Dade's local surtax is 1% (statewide range 0.5%-1.5%); applies to transient rentals and is collected by Airbnb on platform bookings. | 1% | platform |
| Miami-Dade Tourist Development TaxCountywide except Surfside, Bal Harbour, and Miami Beach; applies in the City of Miami. Registered platforms (Airbnb, Vrbo/HomeAway, Expedia) collect and remit; hosts using other channels must register with the Miami-Dade Tax Collector and file monthly. | 2% | platform |
| Miami-Dade Convention Development TaxCountywide except Surfside and Bal Harbour; applies in the City of Miami. Collected by registered platforms; otherwise host-remitted monthly to the county. | 3% | platform |
| Miami-Dade Professional Sports Franchise Facility TaxCountywide except Surfside, Bal Harbour, and Miami Beach. The county states registered platforms collect and remit all required short-term-rental taxes; Airbnb's help page itemizes only the TDT and CDT, so hosts should confirm this 1% is covered on their platform. | 1% | platform |
Enforcement & penalties
Enforcement is active and complaint-driven, led by City of Miami Code Compliance (56 inspectors) with audits and unannounced site visits also possible from Code Enforcement and Fire Prevention. In the 12-month period ending September 30, 2024, the city cited 319 single-family-home owners for violating the STR ordinance, though only 28 cases had been adjudicated. Since a 2021 law change, anonymous complaints cannot open cases; residents report suspected illegal rentals via 311 or the city's 'Report an Illegal Residential Use' page. Cases go before the Code Enforcement Board, and owners sometimes contest with false leases or coached guest statements.
The Code Enforcement Board can order operators to cease and levy fines of $5,000 for every day of noncompliance (one cited property accumulated over $2 million in fines), and a one-time fine of up to $15,000 — the maximum against a business — for violations deemed 'irreparable or irreversible in nature.' Separately, failure to renew the Certificate of Use results in revocation of authorization to operate short-term rental/lodging units.
⚠️ HOA/condo rules may prohibit STRs regardless of city law.
Recent rule changes in Miami
September 5, 2025material
City of Miami rolls out formalized Short-Term Rental/Lodging conversion process
During 2025 the city published a detailed 'How to Convert to a Short-Term Rental/Lodging' program (first archived Sept 5, 2025; workflow PDF dated Oct 2025), formalizing Apartment-Hotel/Condo-Hotel conversion scenarios, a mandatory STR/Lodging Evaluation Form (25% transient threshold triggering FBC R-1 reclassification), an HOA/COA-certified Operational Management Plan, and the CO -> DBPR license -> CU -> BTR sequence. Exact launch date not published; the page was live by September 2025 and current as of January 2026.
Official source →November 28, 2024
Reporting details City of Miami STR enforcement volume and fines
Coconut Grove Spotlight reported that in the 12 months ending Sept 30, 2024, Code Compliance cited 319 single-family-home owners for illegal STRs, with $5,000/day fines levied by the Code Enforcement Board, one-time $15,000 maximum fines for irreparable violations, and one property accumulating over $2 million in fines.
Official source →June 27, 2024material
Gov. DeSantis vetoes SB 280 statewide vacation-rental preemption bill
SB 280 would have centralized vacation-rental regulation at the state level (registry, occupancy limits, platform obligations) and preempted most local regulation. The veto preserved the status quo, leaving the City of Miami's grandfathered Miami 21 zoning restrictions and local enforcement fully in force.
Official source →
Frequently asked questions
›Is Airbnb legal in Miami?
Airbnb is legal in Miami, FL, but with significant restrictions — check the zoning and eligibility rules on this page before listing. Always confirm current requirements with the city before operating.
›Do I need a permit for a short-term rental in Miami?
Yes. Miami requires a Certificate of Use (CU) for Lodging + Business Tax Receipt (BTR) (City of Miami), plus Florida DBPR lodging license and Certificate of Occupancy to operate a short-term rental and must be renewed every year. Always confirm current requirements with the city before operating.
›Can I Airbnb a non-primary residence in Miami?
Yes — Miami does not limit short-term rentals to primary residences. Zoning and other restrictions may still apply. Always confirm current requirements with the city before operating.
›What taxes do short-term rental hosts pay in Miami?
Hosts in Miami are subject to: Florida Transient Rental Tax (state sales tax) (6%), Miami-Dade Discretionary Sales Surtax (1%), Miami-Dade Tourist Development Tax (2%), Miami-Dade Convention Development Tax (3%), Miami-Dade Professional Sports Franchise Facility Tax (1%) — roughly 13% total on gross rental revenue. Platforms like Airbnb collect some of these automatically; check each line's collection method on this page.
›What happens if I operate a short-term rental illegally in Miami?
The Code Enforcement Board can order operators to cease and levy fines of $5,000 for every day of noncompliance (one cited property accumulated over $2 million in fines), and a one-time fine of up to $15,000 — the maximum against a business — for violations deemed 'irreparable or irreversible in nature.' Separately, failure to renew the Certificate of Use results in revocation of authorization to operate short-term rental/lodging units. Enforcement is active and complaint-driven, led by City of Miami Code Compliance (56 inspectors) with audits and unannounced site visits also possible from Code Enforcement and Fire Prevention. In the 12-month period ending September 30, 2024, the city cited 319 single-family-home owners for violating the STR ordinance, though only 28 cases had been adjudicated. Since a 2021 law change, anonymous complaints cannot open cases; residents report suspected illegal rentals via 311 or the city's 'Report an Illegal Residential Use' page. Cases go before the Code Enforcement Board, and owners sometimes contest with false leases or coached guest statements.
Miami's STR rules changed 2 times recently.
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Related
Nearby covered cities
- Miami Beach, FLRestricted
- Kissimmee, FLRestricted
- Destin, FLPermit required
- Atlanta, GAPermit required
- New Orleans, LARestricted
Sources
- City of Miami — How to Convert to a Short-Term Rental/Lodging (official procedures page)retrieved July 9, 2026
- City of Miami — Get a Certificate of Use (CU)retrieved July 9, 2026
- Miami-Dade County — Tourist and Restaurant Taxesretrieved July 9, 2026
- Miami-Dade County — Short-Term Vacation Rentals (standards; unincorporated areas)retrieved July 9, 2026
- Florida DBPR — Lodging License Feesretrieved July 9, 2026
- Airbnb Help Center — Occupancy tax collection and remittance by Airbnb in Floridaretrieved July 9, 2026
- City of Miami v. Airbnb, Inc., No. 3D17-1213 (Fla. 3d DCA Dec. 5, 2018)retrieved July 9, 2026
- Coconut Grove Spotlight — Home to Headache: Miami's Battle with Illegal Short-Term Rentals (Nov 28, 2024)retrieved July 9, 2026
This page is informational only and is not legal, tax, or financial advice. Rules change and enforcement varies — verify current requirements with Miami and a qualified professional before operating.