Is Airbnb legal in Miami?

Short-term rentals in Miami are legal only when the host complies with the city's rules. The current regime: Varies sharply by zone and municipality, permitted in designated zones with registration; Miami Beach heavily restricted. Permit or registration requirement: State vacation-rental license (DBPR) plus local business tax receipt and certificate of use; Miami Beach requires separate registration where allowed. Operating without the required registration can lead to fines and platform delisting, Miami is among the markets where Airbnb and Vrbo are required or pressured to remove non-compliant listings. Check the city's official short-term rental page before listing, because ordinances in this space are amended frequently.

Do I have to live in the property to rent it short-term in Miami?

Primary-residence requirement in Miami: No in zones where STRs are allowed (City of Miami); Miami Beach bans STRs in most residential districts. Night caps: None where permitted. This is the single biggest factor separating investor-friendly STR markets from restricted ones, where a primary-residence rule applies, a pure investment property generally cannot operate as a short-term rental at all, and investors instead look at 30-plus-day furnished rentals, which most STR ordinances (including Miami's) do not cover.

What taxes do short-term rental hosts pay in Miami?

Lodging taxes for short-term stays in Miami: Miami-Dade tourist development taxes plus state sales tax (combined commonly around 13% on short stays). On top of lodging taxes, STR income is ordinary taxable income at the federal and state level, and hosts averaging short stays with substantial services may owe self-employment tax. Airbnb and Vrbo collect and remit some lodging taxes automatically in many jurisdictions, but the host remains legally responsible for confirming full compliance, verify current rates with the city and state revenue departments, as they change often.

Miami Short-Term Rental Laws (2026)

Florida · Last reviewed: July 2026

Greater Miami is a patchwork: Florida state law preempts outright bans and requires a state vacation-rental license, the City of Miami permits STRs in many zones with registration, and Miami Beach, a separate municipality with grandfathered pre-2011 rules, bans them across most residential areas with severe fines. Zoning and condo rules decide viability parcel by parcel.

General information, not legal advice. Verify with the current statute or a local attorney before acting.

Miami Airbnb rules at a glance

Status	Varies sharply by zone and municipality, permitted in designated zones with registration; Miami Beach heavily restricted
Primary residence required	No in zones where STRs are allowed (City of Miami); Miami Beach bans STRs in most residential districts
Permit / license	State vacation-rental license (DBPR) plus local business tax receipt and certificate of use; Miami Beach requires separate registration where allowed
Night caps	None where permitted
Lodging taxes	Miami-Dade tourist development taxes plus state sales tax (combined commonly around 13% on short stays)

Key rules for hosts in Miami

Florida requires all vacation rentals to hold a state DBPR license; state law also preempts cities from banning STRs outright, but ordinances predating 2011 are grandfathered
City of Miami allows STRs in many higher-density and mixed-use zones with registration; some single-family areas restrict them
Miami Beach (a separate city) bans short-term rentals in most residential neighborhoods under grandfathered rules and levies some of the nation's largest fines
Condo and HOA rules frequently prohibit STRs even where the city allows them
Responsible-party, occupancy, and noise rules apply where STRs operate

Enforcement

Enforcement varies by municipality: Miami Beach is famous for five-figure fines against illegal STRs, while the City of Miami focuses on registration and zoning compliance. Always confirm which municipality and zoning district a property actually sits in.

Taxes on short stays

Miami-Dade tourist development taxes plus state sales tax (combined commonly around 13% on short stays). Platforms often collect and remit some or all lodging taxes automatically, but hosts remain responsible for registration and any amounts the platform does not handle. Stays of 30 days or longer are generally exempt from lodging taxes and from the short-term rental rules above. STR income is also ordinary taxable income at the federal and state level.

What this means for investors

Before underwriting a short-term rental in Miami, confirm the parcel’s exact jurisdiction and zoning, whether a permit is available to a non-resident owner, and the all-in tax load — then stress-test the deal as a 30-plus-day furnished rental or a traditional lease in case the rules tighten. Model the numbers with the Airbnb calculator and compare against a long-term strategy using our rental income investing guide.

Official source

Verify current requirements on Miami’s official short-term rental page: https://www.miamigov.com/Services/Business/Short-Term-Rentals.

Miami short-term rental FAQs

Is Airbnb legal in Miami?: Short-term rentals in Miami are legal only when the host complies with the city's rules. The current regime: Varies sharply by zone and municipality, permitted in designated zones with registration; Miami Beach heavily restricted. Permit or registration requirement: State vacation-rental license (DBPR) plus local business tax receipt and certificate of use; Miami Beach requires separate registration where allowed. Operating without the required registration can lead to fines and platform delisting, Miami is among the markets where Airbnb and Vrbo are required or pressured to remove non-compliant listings. Check the city's official short-term rental page before listing, because ordinances in this space are amended frequently.
Do I have to live in the property to rent it short-term in Miami?: Primary-residence requirement in Miami: No in zones where STRs are allowed (City of Miami); Miami Beach bans STRs in most residential districts. Night caps: None where permitted. This is the single biggest factor separating investor-friendly STR markets from restricted ones, where a primary-residence rule applies, a pure investment property generally cannot operate as a short-term rental at all, and investors instead look at 30-plus-day furnished rentals, which most STR ordinances (including Miami's) do not cover.
What taxes do short-term rental hosts pay in Miami?: Lodging taxes for short-term stays in Miami: Miami-Dade tourist development taxes plus state sales tax (combined commonly around 13% on short stays). On top of lodging taxes, STR income is ordinary taxable income at the federal and state level, and hosts averaging short stays with substantial services may owe self-employment tax. Airbnb and Vrbo collect and remit some lodging taxes automatically in many jurisdictions, but the host remains legally responsible for confirming full compliance, verify current rates with the city and state revenue departments, as they change often.

Compare other markets

This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Summary reflects widely documented rules as of July 2026; short-term rental ordinances are amended and litigated frequently.