Miami Airbnb Laws: The 2026 Guide for Short-Term Rentals

In Miami, whether you can legally run an Airbnb depends almost entirely on which jurisdiction your property sits in. Miami-Dade County, the City of Miami, and the City of Miami Beach each regulate short-term rentals differently, and getting the jurisdiction wrong is the most common way owners end up with fines instead of cash flow. At the county level, you must obtain a Certificate of Use before you list a property on any platform, and operating without one carries civil penalties that reach $2,500 by the third offense within 24 months [1]. Statewide, the ground rules did not change in 2024: Governor DeSantis vetoed Senate Bill 280, so the existing framework and the grandfather date of June 1, 2011 for local ordinances still stand [2]. This guide walks through the licensing stack, the tax stack, and the jurisdiction-by-jurisdiction rules so you can underwrite a Miami short-term rental with the actual numbers.

Last updated: July 2026

The 2024 SB 280 veto and why local rules still govern

For several years the short-term rental industry pushed for a statewide preemption that would strip cities of the power to regulate vacation rentals individually. That effort reached the governor's desk as Senate Bill 280 in 2024. On June 27, 2024, DeSantis vetoed it, writing that the bill would have prevented virtually all local regulation of vacation rentals even though rental markets are far from uniform across Florida [2]. The practical result: Florida's older preemption still applies, meaning local ordinances or regulations adopted after June 1, 2011 generally cannot prohibit vacation rentals or regulate their duration or frequency, while rules on the books before that date remain enforceable [2]. Miami Beach's stringent framework predates 2011, which is why it survives.

The licensing stack

Running a compliant short-term rental in Miami is rarely a single permit. Depending on location, you assemble a stack.

Florida DBPR license (Chapter 509)

If you rent a dwelling or condo unit to the public for stays shorter than 30 days or one calendar month, and you do so more than three times in a year, you generally need a public lodging license from the Florida Department of Business and Professional Regulation under Chapter 509 of the Florida Statutes [3]. This is the state-level baseline that sits underneath any county or city requirement.

Miami-Dade Certificate of Use

Inside unincorporated Miami-Dade County, no owner may offer a property as a vacation rental unless a Certificate of Use has first been obtained, and it must be secured before you advertise on any peer-to-peer platform [1]. The CU is valid for one year and renews annually, and applying triggers a property inspection [1]. Skipping it is a code violation with an escalating civil penalty schedule.

City-level layers in the City of Miami

Within the City of Miami, zoning is the first gate. Under the Miami 21 transect code, short-term rentals are generally permitted in T4, T5, T6, and CI-HD zones, while T3 low-density residential zones, which cover most single-family neighborhoods, largely prohibit them [4]. On top of the county CU and the state DBPR license, a City of Miami property also needs a city Business Tax Receipt, and its certificate of occupancy must reflect approved lodging use [4].

The tax stack: what you actually collect

Short-term rental taxation in Miami-Dade is layered, and you collect it from the guest on top of your nightly rate.

State sales tax: Florida imposes a 6% state sales tax on transient accommodations rented for six months or less, plus any applicable county discretionary surtax on the same base [5].
Miami-Dade county transient taxes: Across most of the county the county collects a 6% tax on rentals of six months or less, made up of a 3% Convention Development Tax, a 2% Tourist Development Tax, and a 1% Professional Sports Facilities Franchise Tax [6].

Miami Beach is the exception, where the county-level component is structured to total 7% rather than 6% [6]. Between the 6% state sales tax and the county's transient taxes, an owner in most of Miami-Dade is collecting and remitting on the order of 12% to 13% on top of the room rate, which is a real line item when you model net yield. Verify your specific municipality's rate before you price, because Surfside and Bal Harbour differ again.

Miami Beach: the strictest jurisdiction

The City of Miami Beach runs the tightest regime in the region, and its rules predate the 2011 preemption, so they hold. Many of its residential zones prohibit rentals of less than six months and one day, and enforcement is aggressive [7]. If you are underwriting a Miami Beach purchase specifically as a short-term rental, confirm the zoning district and the applicable minimum-stay rule in writing before you go under contract. A property that pencils out at nightly Airbnb rates and does not at a six-month lease is a different asset entirely.

How this shapes an investment decision

Underwrite the jurisdiction first, the pro forma second. A Brickell condo in a permissive transect zone with a clean CU path is a very different underwrite than a single-family home in a T3 zone or a Miami Beach residential block where short-term use is effectively barred. Before you commit capital, price in the full tax stack, the annual CU and license renewals, and the inspection requirements. If you want a grounded read on what a specific property could support, start with a property valuation, and if you are weighing a purchase, a buyer consultation is the place to pressure-test the numbers.

Frequently asked questions

Is Airbnb legal in Miami?

It can be, but legality is jurisdiction-specific. In unincorporated Miami-Dade you need a Certificate of Use before listing [1]. In the City of Miami the property must sit in a permitting transect zone such as T4, T5, or T6 and carry a city Business Tax Receipt, a county CU, and a state DBPR license [4]. Much of Miami Beach prohibits stays under six months and one day in residential zones [7].

Did Florida ban local short-term rental rules in 2024?

No. Senate Bill 280 would have moved toward statewide preemption, but DeSantis vetoed it on June 27, 2024, leaving the existing framework and the June 1, 2011 grandfather date in place [2].

What taxes do I collect on a Miami short-term rental?

You generally collect Florida's 6% state sales tax on rentals of six months or less [5], plus Miami-Dade's county transient taxes, which total 6% in most of the county and 7% in Miami Beach [6].

Do I need a state license and a county Certificate of Use?

In most short-term rental scenarios, yes. A DBPR public lodging license under Chapter 509 is the state baseline [3], and a Miami-Dade Certificate of Use is required before advertising a vacation rental in the unincorporated county [1]. Cities can add their own requirements on top.

Gabriel

Sources

Gabriel A. Moyers, PA. eXp Realty. Florida License #3407280. Equal Housing Opportunity. This article is general information as of July 2026 and is not legal, tax, or financial advice. Verify current figures against authoritative sources before acting.