To operate a short term rental in Miami, you must comply with various state, county, and city requirements. The following is a complete guideline for Miami’s short term rental regulations so that anyone can be a responsible host. The following rundown should give you a good start in understanding your local laws.
Short Term Rental Requirements in Florida
To operate a short term rental in Miami, prospective hosts must obtain a lodging business license from Florida. The Department of Business and Professional Regulation (DBPR) issues this license. Depending on the size and structure of your property, this license can be held by an owner or by a licensed agent. Prospective hosts must also register with the Florida Department of Revenue to collect, report and pay sales tax and surtax.
Depending on the building offered as a short term rental, the State of Florida issues two kinds of vacation rental permits. A unit or group of townhouses, single-family homes, duplexes, triplexes, or quadruplexes will need a vacation rental dwelling license. On the other hand, a condominium or cooperative will need a vacation rental condo license.
The DBPR license for short term rentals in Miami-Dade County expires on the 1st of October each year. Its annual fee is $170, the half-year fee is $90, and the $50 application fee. Moreover, short term rental operators with multiple rental units can choose a group license. They can use this online license fee calculator to calculate multiple-unit application fees.
Short Term Rental Requirements in Miami-Dade County
In addition to regulations by Florida, the county of Miami-Dade has its own set of specific short term rental requirements. Property owners in Miami must follow these requirements. Firstly, if a home is a part of a condominium or homeowner’s association, it must have a written authorization letter. This letter should be regarding the operation of its short term rental from the relevant association.
Short term rental operators in Miami-Dade County must obtain a Certificate of Use from Miami-Dade County. They can acquire this certificate by filling out the application form online or in-person at the Miami-Dade County Permitting and Inspection Centre. Furthermore, an attestation of all registration documents with the Florida Department of Revenue will be required.
The costs for a Miami-Dade County Certificate are $37 for the certificate, $90 for inspection, and $10 as a surcharge. So that makes a total of $140.
Once property owners pay the registration fee and submit the application, The city will prompt them to schedule an inspection within the next ten business days.
During this inspection, they will have to provide all licenses, registrations, and other documents that fully comply with Florida and Miami-Dade County short term rental requirements. After the inspection is successful, the applicant will receive a Certificate Number. They will also be able to print out their Certificate of Use. Vacation rental operators should place the Certificate of Use in a prominent location on the property, so it is visible.
The Miami-Dade Certificate of Use is valid for one year. Applicants can renew it annually if it meets all requirements and does not violate Miami-Dade County regulations.
Short Term Rental Requirements in the City of Miami
The City of Miami has permitted vacation rental structures approved by the building department for lodging in certain transect zones. The official Miami Zoning Map has all of Miami’s various transect zones and the current permitted land use structure. The land use structure can be either residential, lodging, or commercial.
Lodging is only allowed (with specific exceptions) in the following zones:
- T4-R: authorized by a warrant
- T4-L & T4-O: allowed by right
- T5-R: permitted by exception
- T5-L & T5-O: allowed by right
- T6-R: permitted by exception
- T6-L & T6-O: allowed by right
- CI-HD: allowed by right
- D1: allowed by right
The first step to operating a vacation rental in Miami is determining that your property is in a permissible transect zone. Above all, its land use should fall in the lodging category. Then, a Certificate of Use and Business Tax Receipt will have to be obtained from the City of Miami. The following are the steps to obtain a Business Tax Receipt:
- Obtain a Certificate of Use
- Prepare Information and collect the required documents
- Apply for a Business Tax Receipt
- Get approval or address any outstanding issues
- Pay the invoice
- The city will send an interim BTR license via email
- Don’t forget to get a Miami-Dade Local Business Tax Receipt
Condominium/Apartment Hotels in the City of Miami
Due to current ongoing litigation between Airbnb and the City of Miami, short term rentals are highly restricted in Miami. Under those circumstances, the City has proposed an “Apartment Hotel” or “Condo Hotel” land category, distinguished from residential and lodging use.
Apartment Hotels are only allowed in transect zones marked T4, T5, T5, and CI-HD. The City plans to create separate Certificate of Use a Business Tax Receipt categories for Apartment Hotels in the future.
As a responsible host, you must comprehend and abide by other contracts or regulations that bind you. These include leases, community rules, HOA rules, or other guidelines set up by tenant associations. Feel free to reach out to your landlord, housing authority, or community council to find out more. To get more information about other regulations, you can also visit Miami’s official website or contact us for further Airbnb Management Miami services.