Is Airbnb Legal in Miami? 2026 Rules, Permits & Taxes

Permit required

Yes

Taxes on a stay

13%

Fine for hosting without a permit

$5,000

Listings showing a permit number

13%

Next rule change

Dec 9, 2026

Listing figures: AirROI, 12 months to September 2026. A number on a listing doesn't prove the permit or license is valid, and a missing one doesn't prove there is none.

The rules in brief

Who needs it

Every owner who rents a condo or apartment unit in the City of Miami for stays under 30 days (a unit rented more than three times a year for under 30 days is transient).^{9,10,11,12,16,17,21,22,27}

Issued by

City of Miami (Building Department, Zoning Department and Code Compliance BTR Office), Miami-Dade County Tax Collector and the Florida Department of Business and Professional Regulation

Valid for

The Certificate of Use lasts to the end of the City's fiscal year (October 1 to September 30) in which it was issued and is renewed by invoice from the Finance Department by September 30; the Business Tax Receipt is also renewed annually; the DBPR license for Miami-Dade County renews every October 1.

Processing

The City contacts a Certificate of Use applicant within five business days of the $50 payment, and inspections must be finished within 90 working days of the application start; DBPR online applications are usually processed in one to two business days.

Platform checks

Airbnb's Miami help page tells hosts to add their registration details to the listing.

Fees

Who qualifies

• The unit is not a single-family home or duplex in a T3 or T4-R transect zone.
• The address is in a zone where Miami 21 allows lodging and outside any restricted overlay zone or Special Area Project (SAP).
• Existing buildings have an active Certificate of Occupancy and an active Certificate of Use.
• The unit owner and the condominium or homeowners' association sign the Short-Term Rental/Lodging Evaluation Form, and the association certifies that its documents allow short-term rental/lodging.
• An Operational Management Plan on the City's template is approved, with a 24-hour contact.
• The building stays at or below 25% short-term units, or meets Florida Building Code R-1 (transient) standards.
• A Florida DBPR vacation rental license, a City Business Tax Receipt, a Miami-Dade County business tax receipt and any county DERM approvals are in place.

How to apply

1. 1 Check the property's transect zone and any overlay zone or Special Area Project with the City's GIS Zoning Map or the Zoning Department; single-family homes and duplexes in T3 and T4-R zones are not eligible.
2. 2 Get copies of the building's active Certificate of Occupancy (Building Department) and Certificate of Use (Zoning Department); a building without them has to be legalized first.
3. 3 Complete the Short-Term Rental/Lodging Evaluation Form (signed by the unit owner and certified by the association), the Operational Management Plan on the City template and, for existing buildings, the Data Sheet.
4. 4 Apply for a building permit in the City's iBuild portal (Remodeling/Repairs, Commercial, then the Apartment Hotel or Condo Hotel lodging category) and upload the documents to ProjectDox.
5. 5 Pass plan review and inspections, then request a new Certificate of Occupancy from the Building Department.
6. 6 Apply online for the Florida DBPR vacation rental license; Zoning needs a copy to finalize the Certificate of Use.
7. 7 Apply for the new lodging Certificate of Use through MiamiBiz, pay the $50 application invoice, then pay the inspection invoice and complete the inspections within 90 working days.
8. 8 Obtain the City Business Tax Receipt and the Miami-Dade County business tax receipt, then renew the Certificate of Use and Business Tax Receipt every year.

Permit rules

Five approvals before the first guest

A unit may host only after the Certificate of Occupancy, the DBPR lodging license, the Certificate of Use, any county licenses and the City Business Tax Receipt are in place, for the specified percentage of units allowed.⁹ Applies to: condo and apartment units

State DBPR license is required to finish the Certificate of Use

The City requires the Florida DBPR lodging license, issued by the state rather than the City, before Zoning finalizes a new Certificate of Use.⁹

Florida license applies from the fourth rental of a year

DBPR says a license is needed when an entire unit is rented more than three times in a calendar year for less than 30 days, or is advertised as regularly rented to guests. Operating without it is a second-degree misdemeanor.^3,21 Applies to: entire units

Certificate of Use renews every year

The Certificate of Use must be renewed annually, and failing to renew it revokes the authorization to operate short-term rental/lodging units. The Business Tax Receipt is also renewed annually.^9,11

City Business Tax Receipt

A City of Miami Business Tax Receipt is required to legally operate a short-term rental/lodging business within city limits.⁹

Miami-Dade County business tax receipt as well

A business inside a city in Miami-Dade County needs both a city and a county business tax receipt; the county receipt runs on an October 1 to September 30 tax year.^16,17

Lodging Certificate of Use fees

The City's fee schedule lists $313 for the first 12 lodging units or less plus $25 for each additional unit, and an annual lodging re-inspection of $63 for the first 12 units.¹² Applies to: lodging Certificate of Use

Airbnb asks hosts to add registration details

Airbnb's Miami help page tells hosts to obtain the City of Miami license and add their registration details to the listing.²⁷ Applies to: Airbnb listings

No single-family homes or duplexes in T3 and T4-R zones

Single-family homes and duplexes in T3 and T4-R transect zones are not eligible for short-term rental or lodging use, which the City ties to the City of Miami v. Airbnb ruling.⁹ Applies to: single-family homes and duplexes in T3 and T4-R zones

Court allowed the City's T3 zoning to apply to short-term rentals

On December 5, 2018 the Third District Court of Appeal reversed a broad injunction against the City, holding that Miami 21 is not preempted by state law because it restricts land use across the T3 zone, including properties used as short-term rentals.¹⁴ Applies to: T3 zone · In force since December 5, 2018

Florida bars new local bans, but not rules in place by June 1, 2011

State law keeps cities from prohibiting vacation rentals or regulating how long or how often they are rented, except for local rules adopted on or before June 1, 2011; Miami 21 predates that date, which is why the City can still apply it.^2,14 In force since June 1, 2011

Other zones follow Miami 21's lodging table

Outside the T3 zone, the allowances and restrictions on lodging are set in the lodging subsection of Article 4, Table 3 of the Miami 21 code.¹³ Applies to: transect zones other than T3

Confirm the zone, overlays and Special Area Projects

Before converting, an owner confirms with the City's GIS Zoning Map or the Zoning Department that the address is in an approved zone and not in a restricted overlay zone or Special Area Project (SAP).⁹

The association must certify that rentals are allowed

The condominium or homeowners' association certifies on the City's evaluation form that its governing documents allow short-term rental/lodging for residential units in the building.¹⁰ Applies to: condominium units

Unit owner and association both sign

The evaluation form needs the signatures of the association's authorized representative and the unit owner, so the application comes from the owner.¹⁰ Applies to: condominium units

Condo rental bans bind only consenting or later owners

A condominium amendment that bans renting, changes the rental term or limits how often units can be rented applies only to owners who consent and owners who buy after it takes effect.⁶ Applies to: condominium units

A homeowners' association can restrict short rentals

A homeowners' association may amend its documents to prohibit or regulate rentals under 6 months and to prohibit renting a parcel more than three times a year, and those amendments apply to all parcel owners.⁷ Applies to: parcels in homeowners' associations

Stays under 30 days are short-term lodging

The City of Miami defines a transient unit as one rented more than three times a year for periods of less than 30 days, and treats short-term rental/lodging as apartment-hotel or condo-hotel use.⁹

Above 25% of units, the whole building becomes lodging

If more than 25% of a building's units are used as transient lodging, the entire building must comply with R-1 (transient) standards under the Florida Building Code, and the association tracks the unit count.^9,10 Applies to: buildings with short-term units

Operational Management Plan with a 24-hour contact

Applicants file an Operational Management Plan covering lobby or front desk operations, a 24-hour contact, guest access control and housekeeping, signed by the association; Code Compliance may inspect to check it is followed.⁹

Fire review of smoke and CO detectors, extinguishers and exits

The permit's fire review checks basic fire safety items such as smoke and CO detectors, an extinguisher and emergency exits, and Fire Prevention can require a full inspection or fire plan review.⁹

Unannounced inspections

Code Enforcement and Fire Prevention may make unannounced site visits or inspections, so the documents are kept on site and current.⁹

Hotel and motel standards in City Code Section 31-94

Applicants must comply with Section 31-94 of the City Code of Ordinances, which sets standards for hotel and motel rentals designed to prevent human trafficking.⁹

The county vacation rental ordinance does not apply in the city

Miami-Dade County's vacation rental ordinance covers unincorporated areas; inside a municipality such as the City of Miami, the owner follows the municipal government's regulations.¹⁶

Renting a homestead can end the homestead exemption

Renting all or substantially all of a home previously claimed as homestead counts as abandoning the homestead until the owner lives there again.⁸ Applies to: homestead-exempt owners renting the whole home

Median nightly rate, booked nights

$235

Taxes on that night (13%)

$31

Guest pays, before Airbnb and cleaning fees

$266

What the host still handles

• Florida Department of Revenue: register (form DR-1) to collect, report and remit sales tax on transient rentals the host takes directly; Airbnb remits the state tax and surtax on its own bookings.
• Miami-Dade County Convention and Tourist Tax account with the Department of Regulatory and Economic Resources for rentals Airbnb does not collect on; returns are due on the 1st and late after the 20th of the following month, even when no tax is due.
• City of Miami Business Tax Receipt and Miami-Dade County local business tax receipt, both renewed each year.
• City of Miami lodging Certificate of Use, renewed each year, and the Florida DBPR vacation rental license.^{5,15,18,19,20,23,24,28}

• City Code Enforcement Board fines reach $1,000 a day per violation after a compliance deadline, and $5,000 a day for a repeat violator, for non-residential property, a category that includes residential property used outside its allowable use under the Miami 21 code.¹
• Operating a vacation rental without a DBPR license is a misdemeanor of the second degree.³
• DBPR may fine a licensee up to $1,000 per offense.⁴
• Going past 25% short-term units in a building can lead to suspension, rescission or revocation of the building's certificates, licenses and City permissions, and those of its short-term units.¹⁰
• Late Miami-Dade tourist tax is penalized at 10% of the tax for each 30 days, up to 50%, and not less than $50.¹⁵

1. December 9, 2026 Upcoming
   City Manager's short-term lodging report due

   The comprehensive report on short-term lodging by transect zone, pending violations and condo licensing is due within 90 days of adoption, about December 9, 2026; the task force reports back to the Commission 60 days after it is set up.¹³

2. September 10, 2026
   City Commission adopts Resolution R-26-0371 on short-term lodging

   The resolution directs the City Manager to report on short-term lodging violations outside T3 zones and on condo lodging, to report quarterly on condo buildings with multiple violations and to set up a Short-Term Vacation Rental Task Force; it creates no new requirement for hosts.¹³

3. July 1, 2025
   Florida redefines transient lodging as stays under 30 consecutive days

   SB 606 (Chapter 2025-113) revised the definition of a transient public lodging establishment to rentals of less than 30 consecutive days; it did not change the local preemption.^25,26

4. March 10, 2022
   Ordinance 14057 sets City code enforcement fine levels

   The City Commission amended Section 2-817 of the City Code, which sets Code Enforcement Board fines at up to $250 a day (first violation) and $500 a day (repeat) for residential property, and up to $1,000 and $5,000 a day for non-residential property, including residential property used outside its allowable use.¹

Estimate what a Miami home could earn

1. 1. Ordinance 14057 (File 11529): amending City Code Section 2-817, Administrative costs, fines; liens · City of Miami City Commission
2. 2. Florida Statutes s. 509.032 (Duties; preemption of vacation rental regulation) · The Florida Legislature
3. 3. Florida Statutes s. 509.241 (Licenses required) · The Florida Legislature
4. 4. Florida Statutes s. 509.261 (Revocation or suspension of licenses; fines) · The Florida Legislature
5. 5. Florida Statutes s. 212.03 (Transient rentals tax) · The Florida Legislature
6. 6. Florida Statutes s. 718.110 (Amendment of declaration) · The Florida Legislature
7. 7. Florida Statutes s. 720.306 (Meetings of members; voting and election; amendments) · The Florida Legislature
8. 8. Florida Statutes s. 196.061 (Rental of homestead to constitute abandonment) · The Florida Legislature
9. 9. How to Convert to a Short-Term Rental/Lodging · City of Miami
10. 10. Short-Term Rental / Lodging Evaluation Form · City of Miami Building Department
11. 11. Get a Certificate of Use (CU) · City of Miami
12. 12. Certificate of Use and Accessory Use – Application & Inspection Fees · City of Miami
13. 13. Resolution R-26-0371: short-term lodging report, quarterly condo report and task force · City of Miami City Commission
14. 14. City of Miami v. Airbnb, Inc., 260 So. 3d 478 (Fla. 3d DCA 2018), No. 3D17-1213 · Florida Third District Court of Appeal (opinion text on FindLaw)
15. 15. Convention and Tourist Development Taxes (Tourist and Restaurant Taxes) · Miami-Dade County Department of Regulatory and Economic Resources
16. 16. Short-Term Vacation Rentals · Miami-Dade County
17. 17. Local Business Tax Receipt · Miami-Dade County Tax Collector
18. 18. Local Option Transient Rental Tax Rates (DR-15TDT, R. 03/25) · Florida Department of Revenue
19. 19. Discretionary Sales Surtax Information for Calendar Year 2026 (DR-15DSS, R. 11/25) · Florida Department of Revenue
20. 20. History of Local Sales Tax and Current Rates (R. 02/26) · Florida Department of Revenue
21. 21. Vacation Rentals and Timeshare Projects: licensing guide · Florida DBPR, Division of Hotels and Restaurants
22. 22. Lodging license fees · Florida DBPR, Division of Hotels and Restaurants
23. 23. Tax Information for Hotels, Motels, and Other Transient Accommodations (GT-800034, R. 10/25) · Florida Department of Revenue
24. 24. Florida Business Tax Application (DR-1, R. 01/26) · Florida Department of Revenue
25. 25. SB 606 (2025): Public Lodging and Public Food Service Establishments, bill page (Chapter 2025-113) · The Florida Senate
26. 26. SB 606 (2025) bill summary · The Florida Senate, Regulated Industries Committee
27. 27. Miami, FL · Airbnb Help Center
28. 28. Occupancy tax collection and remittance by Airbnb in Florida · Airbnb Help Center