Is Airbnb legal in Miami, FL?

Restricted

Airbnb is restricted in Miami, FL

Requires a Certificate of Use, business tax receipt, and state license. Where STRs may operate is governed by Miami 21 transect zoning, with the most flexibility in higher-density and lodging districts. Miami-Dade Code Sec. 33-28 governs unincorporated Miami-Dade County, not the City of Miami itself.

Miami 21 zoning + Miami-Dade Code Sec. 33-28View the ordinance

Verified July 2026. Not legal advice. Rules change and may be enforced differently than written. Confirm with the city before you list.

Key rules at a glance

Permit or registration

Required

Primary residence only

No

Annual night cap

Not confirmed

Registration fee

See ordinance

How short-term rentals work in Miami

The first step in Miami is the city's permit or registration process; check the ordinance for the current fee. The status card above has the full detail on the current rules.

Non-owner investors can operate in Miami, but within the city's limits above. Read the ordinance closely before you buy, because permits, caps, or zoning can make a specific property ineligible.

At the state level, Florida limits how far cities can go in banning short-term rentals.

What it means for investors

An STR can still work in Miami, but the limits shrink the pool of eligible properties and add compliance cost. Underwrite conservatively and confirm the specific address qualifies before you commit.

Analyze a rental hereCheck long-term rent

Short-term rental rules elsewhere in Florida

Last reviewed July 2026. Informational and educational only, not legal advice, and no attorney-client relationship is created. Rules change and may be enforced differently than written. Verify the current ordinance with your local jurisdiction or counsel before acting.

Frequently asked questions

Is Airbnb legal in Miami?

Requires a Certificate of Use, business tax receipt, and state license. Where STRs may operate is governed by Miami 21 transect zoning, with the most flexibility in higher-density and lodging districts. Miami-Dade Code Sec. 33-28 governs unincorporated Miami-Dade County, not the City of Miami itself. This reflects the rules as of July 2026; confirm the current ordinance with the city before you list.

Do I need a permit to run a short-term rental in Miami?

Yes. Miami requires a permit or registration to operate a short-term rental, and platforms increasingly require the permit number on the listing.

Can I run a non-owner-occupied Airbnb in Miami?

Yes, Miami does not require you to live in the property, though other limits such as caps, zoning, or licensing may still apply.

Is there a limit on how many nights I can rent in Miami?

No specific annual night cap was confirmed for Miami, though minimum-stay rules or license caps may effectively limit operations. Check the ordinance.

What taxes apply to a short-term rental in Miami?

Short-term rentals in Miami are generally subject to state and local lodging or occupancy taxes on top of income tax. Airbnb and VRBO collect some of these automatically, but not always all of them, so confirm the current rate and who remits it with Florida and the city.