Where short-term rentals are allowed in Miami Beach, FL
Miami Beach is the hardest address in Florida to rent by the night, and the reason is a date rather than a policy: its restrictions predate June 1, 2011, so the state preemption that stops other Florida cities from limiting rental duration does not reach them. Short stays are prohibited in every single-family home in the city and in nine named residential districts. The city enforces with a fine schedule that starts at $1,000 for a first offence and escalates to six figures. Before you buy here, the zoning district matters more than the property.[6]
Every rule below links to the official source it comes from, verified September 20, 2026.
Can you rent short term in Miami Beach?
Your zoning decides
- Seasonal homes
- 13,380
- Housing units
- 63,243
- Residents
- 82,031
U.S. Census Bureau, 2024 ACS 5-year estimates
- City ruleAllowed by zone
- City feeNone published
- Tax on each stay14%
- Seasonal homes212 per 1,000
Is Airbnb legal in Miami Beach?
Not in most of Miami Beach. Short stays are prohibited in every single-family home in the city, whatever its district, and in the RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3 and TH districts any rental of less than six months and one day is not permitted. The prohibition covers advertising as well as renting, so listing the property is itself part of the offence. Enforcement is the heaviest in Florida: a first violation carries a $1,000 fine, each further violation adds $20,000, and the schedule reaches $100,000 for repeat offenders, with guests evicted and the fine assessed against the owner. Miami Beach can do this where other Florida cities cannot because its restrictions predate June 1, 2011, the date at which the state preemption on rental duration and frequency stops reaching back.[6]
What Miami Beach asks of you
Renting or advertising a stay of less than six months and one day is not permitted in the RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3 and TH districts.[6]
Short-term rentals are prohibited in all single-family homes in the city, and in many multi-family buildings depending on their district.[6]
Advertising is itself part of the offence: the prohibition covers the rental and the advertisement of the property.[6]
A first violation carries a $1,000 fine, each further violation adds $20,000, and the schedule reaches $100,000 for repeat offences.[6]
Where a unit is found operating illegally, the guests are evicted and the fine is assessed against the owner.[6]
What Florida asks wherever you host
These rules apply at this address whatever the city decides.
Florida licenses vacation rentals itself. A house, townhouse or unit in a building of four units or fewer is licensed as a dwelling, a unit in a condominium or cooperative as a condominium, and the licence costs $150 plus $10 per rental unit plus a $10 hospitality education fee.[2]
A city cannot ban vacation rentals, nor regulate how long or how often you rent, unless its ordinance was already on the books on June 1, 2011. Ordinances adopted before that date survive untouched, which is why two neighbouring Florida towns can sit at opposite ends of the scale.[1]
State sales tax is due on every rental of six months or less. A bona fide written lease for more than six months of continuous residence is exempt, and so is the seventh month onward once a guest has stayed and paid for six.[3]
What a guest pays on top of your nightly rate in Miami Beach
Each layer is set by a different authority, and not all of them are collected by the platform.
| Layer | Rate | Remitted to |
|---|---|---|
| Florida state sales tax[3] | 6% | The state revenue department |
| Miami-Dade County discretionary sales surtax[5] | 1% | The state revenue department |
| Miami Beach local option transient rental tax[4] | 7% | The county |
| Total on a taxable stay | 14% |
Miami Beach carries its own local option rate: the Department of Revenue's table sets it at 7% for the city, against 6% for the rest of Miami-Dade and 4% in Surfside and Bal Harbour. The county administers it.[4]
How short-term rental taxes work for US hostsWhat the census counts
How much of Miami Beach is already a second home
The Census Bureau counts 13,380 of Miami Beach's 63,243 homes as vacant for seasonal, recreational or occasional use — 212 out of every 1,000. That ranks Miami Beach 25th of the 33 Florida cities on this site for the share of its housing stock kept for part-year use.
- Rank in the state
- 25th of 33
- Share of housing
- 212 per 1,000
- Median home value
- $556,700
U.S. Census Bureau, 2024 ACS 5-year estimates, tables B25004, B25001, B01003 and B25077.
Nearby and comparable
Where Miami Beach sits among its neighbors
Key Biscayne, FL
Registration required
1,736 seasonal homes, 238 per 1,000 housing units.
Rules in Key BiscayneSunny Isles Beach, FL
Permit required
7,208 seasonal homes, 367 per 1,000 housing units.
Rules in Sunny Isles BeachCrystal River, FL
Allowed by zone
413 seasonal homes, 181 per 1,000 housing units.
Rules in Crystal RiverFernandina Beach, FL
Allowed by zone
1,217 seasonal homes, 149 per 1,000 housing units.
Rules in Fernandina BeachFAQ
Miami Beach short-term rental questions
Can you rent a single-family home short term in Miami Beach?
Why can Miami Beach ban what other Florida cities cannot?
What is the fine for an illegal short-term rental in Miami Beach?
Sources
- Florida Statutes § 509.032(7), Duties — preemption of vacation rental regulation, The Florida Legislature, read on September 20, 2026
- Guide to Vacation Rentals and Timeshare Projects, Division of Hotels and Restaurants, Florida Department of Business and Professional Regulation, read on September 20, 2026
- Sales and Use Tax on Rental of Living or Sleeping Accommodations (GT-800034, R. 10/25), Florida Department of Revenue, read on September 20, 2026
- Local Option Transient Rental Tax Rates (DR-15TDT, R. 03/25), Florida Department of Revenue, read on September 20, 2026
- Discretionary Sales Surtax Information for Calendar Year 2026 (DR-15DSS), Florida Department of Revenue, read on September 20, 2026
- Short-term Rental Requirements, City of Miami Beach, read on September 20, 2026
This page is not legal advice. It summarizes the official sources listed on this page as they read on September 20, 2026. Rules can change after that date, so check with the issuing office before you apply or publish a listing.
Before you list
Free tools for new hosts
Short-term rental agreement generator
Parties, dates, rent, deposit checked against your state's cap, and the house rules clauses you enforce. A signed-ready PDF for direct and Vrbo bookings.
Airbnb house rules
Generate a complete PDF house rules document for your property: rules, schedule, amenities, emergency contacts.
Rental arbitrage calculator
Rent, deposit, furnishing, nightly rate and occupancy. You get monthly cash flow, the occupancy you break even at, and how long the setup takes to pay back.
Check-in instructions
The message a guest reads before getting in: access, keys, WiFi, parking, contact. English or bilingual output.