Miami-Dade County, FL

Where short-term rentals are allowed in Miami Beach, FL

Most of Miami Beach is closed to short stays, so check the zoning district before you buy. It matters more than the property, and many multi-family buildings are off limits too, depending on their district.[6]

Every rule below links to the official source it comes from, verified October 2, 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. In the RM-1, RM-PRD, RM-PRD-2, RPS-1, RPS-2, CD-1, RO, RO-3 and TH districts, any rental under 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 offense. 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. Guests are evicted and the fine is assessed against the owner. Miami Beach can do this where other Florida cities cannot because its restrictions predate June 1, 2011. That is 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 offense: 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 offenses.[6]

  • Where a unit is found operating illegally, the guests are evicted and the fine is assessed against the owner.[6]

Apply on the Miami Beach site

What Florida asks wherever you host

These rules apply at this address whatever the city decides.

  • Florida licenses vacation rentals itself. A dwelling license covers houses, townhouses and buildings of up to four units. A condominium or cooperative unit takes a condominium license instead. The license costs $150 plus $10 per rental unit, plus a $10 hospitality education fee.[2]

  • No Florida city may ban vacation rentals. It may not set how long or how often you rent either. The one exception is a local ordinance already in force on June 1, 2011, which still applies.[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. So is the seventh month onward once a guest has stayed and paid for six.[3]

Florida short-term rental rules

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.

Short-term rental tax layers in Miami Beach
LayerRateRemitted 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 stay14%

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]

What 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. That is 212 out of every 1,000. It ranks Miami Beach 30th of the 48 Florida cities on this site for the share of its housing stock kept for part-year use.

Rank in the state
30th of 48
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.

Key Biscayne short-term rental rules

Sunny Isles Beach, FL

License required

7,208 seasonal homes, 367 per 1,000 housing units.

Sunny Isles Beach short-term rental rules

Venice, FL

Allowed by zone

4,723 seasonal homes, 225 per 1,000 housing units.

Venice short-term rental rules

Punta Gorda, FL

Registration required

2,727 seasonal homes, 198 per 1,000 housing units.

Punta Gorda short-term rental rules
StatewideEvery Florida city on this site, in one tableState law, the tax stack and every city we cover in Florida, with what each one asks of a host.Florida short-term rental rules

FAQ

Miami Beach short-term rental questions

Can you rent a single-family home short term in Miami Beach?

No. The prohibition covers every single-family home in the city, whatever its district, and it applies to the advertisement as well as the stay.[6]

Why can Miami Beach ban what other Florida cities cannot?

Because Florida's preemption only reaches ordinances adopted after June 1, 2011. Rules already in force on that date keep their full effect, and Miami Beach's are among them.[1]

What is the fine for an illegal short-term rental in Miami Beach?

A thousand dollars for a first offense. Each subsequent violation adds $20,000, and the schedule reaches $100,000 for repeat offenders.[6]
Read nextHow to start an AirbnbThe six steps in order, starting with the permit check.Read the guide

Sources

  1. Florida Statutes § 509.032(7), Duties — preemption of vacation rental regulation, The Florida Legislature, read on September 20, 2026
  2. Guide to Vacation Rentals and Timeshare Projects, Division of Hotels and Restaurants, Florida Department of Business and Professional Regulation, read on September 20, 2026
  3. 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
  4. Local Option Transient Rental Tax Rates (DR-15TDT, R. 10/26), Florida Department of Revenue, read on October 2, 2026
  5. Discretionary Sales Surtax Information for Calendar Year 2026 (DR-15DSS), Florida Department of Revenue, read on September 20, 2026
  6. 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 October 2, 2026. Rules can change after that date, so check with the issuing office before you apply or publish a listing.

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