October 9, 2024
Discovering the ins and outs of vacation rentals in Miami Beach, Florida is essential for investors eyeing the market. This guide delves into the city's definition of short-term rentals, the possibility of owning multiple properties, and the zoning restrictions in place.
In Miami Beach, a short-term rental encompasses multi-family apartment and townhome properties rented for fewer than six months and one day. Notably, these rentals are confined to specific areas within the city, with a strict prohibition on operating in single-family homes.
The terms "vacation rental" and "short-term rental" are interchangeable.
Investors often wonder about owning multiple vacation rental properties in Miami Beach. The city allows this, provided each property adheres to occupancy limits. Notably, there are no restrictions on the total number of properties an investor can own.
Comprehensive zoning restrictions are in place for short-term (Airbnb) rentals in Miami Beach. The city designates specific areas where these rentals are permitted, while others strictly prohibit them. It's crucial to be aware that certain areas may have occupancy caps, and some might require a minimum rental period.
City of Miami Beach Short-Term Rental Limitations Map
Certainly, in Miami Beach, Florida, investors can legally operate their Airbnb properties as business entities. To engage in this, individuals and entities must secure the necessary permits and licenses from the city before commencing short-term rental operations.
In Miami Beach, ADUs (Accessory Dwelling Units) cannot serve as Airbnb vacation rentals. However, multi-family homes and apartment buildings with over four units in designated districts like Flamingo Park and Espanola Way can be registered as vacation rentals.
Moreover, buildings with three or fewer units in the apartment or townhouse category can be utilized for short-term (Airbnb) rentals. To qualify, these units must have been registered as a resort dwelling or condominium with the State of Florida as of March 2010, indicating a history of consistent short-term renting.
The use of ADUs in Miami Beach is restricted to the family residing in the primary residence and temporary guests of the property occupants. Exemptions apply for ADUs that received a certificate of occupancy before October 26, 2019.
However, it's important to note that Airbnb rentals for less than six months and one day are prohibited for ADUs, and only long-term leases are permitted.
To operate a short-term (Airbnb) rental in Miami Beach, individuals must acquire a certificate of use for their property. This certificate ensures compliance with city ordinances, with all necessary permits in place.
Here are the key requirements to obtain a vacation rental license:
1. Land Development Regulations
Confirm that the city's land development regulations permit the property's use as a short-term rental.
2. Business Tax Receipt
Obtain a business tax receipt that outlines the property's occupancy details.
3. American Disabilities Act (ADA) Compliance
Ensure compliance with ADA regulations to make the property accessible.
4. Advertising Platforms Information
Provide information about the platforms where the short-term rental will be advertised.
5. Insurance Policy
Maintain an active insurance policy specifically designed for short-term rentals.
6. Registration with Florida Department of Revenue
Acknowledge that the short-term rental must be registered with the Florida Department of Revenue.
Additional Requirements:
1. Property Usage Restrictions
Only entire apartments or townhomes can be used for short-term rentals; renting individual rooms or portions is not allowed.
2. On-Site Management
Ensure on-site management is available 24 hours a day, 365 days a year.
3. Tenant Notification
Inform long-term tenants or prospective tenants about the property's use as a short-term rental.
4. Permit Fees and Compliance
Pay required permit fees and demonstrate compliance with building codes, fire codes, and safety standards.
Meeting these requirements is essential for property owners looking to obtain a vacation rental license in Miami Beach, ensuring a legal and compliant operation of short-term rentals.
The costs associated with obtaining a Vacation Rental License for short-term (Airbnb) rentals in Miami Beach, Florida can vary based on the neighborhood. The initial application fees range from $600 to $1,000. Additionally, investors should consider other required certificates and applications, which may include:
Investors should be aware that these additional costs can contribute to the overall expense of securing and maintaining a Vacation Rental License.
Miami Beach enforces strict occupancy limits for short-term (Airbnb) rentals. The maximum occupancy allowed is two people per bedroom, excluding any children two years of age.
Unlike some other locations that may permit additional individuals in common spaces, Miami Beach strictly adheres to limiting occupancy to the designated bedrooms.
Upon the issuance or renewal of a business tax receipt and/or certificate of use, a short-term residential rental in Miami Beach is subject to inspection. This inspection is conducted to ensure compliance with all applicable code requirements.
Investors should be prepared for this inspection process as part of the requirements to obtain or renew their Short-Term Rental (STR) license.
Short-term rentals in Miami Beach, Florida, are subject to rigorous physical and structural requirements to ensure the safety and well-being of occupants. These requirements include:
Meeting these standards is crucial for maintaining the safety and quality of short-term rental properties in Miami Beach.
Miami Beach mandates that the operator or a registered agent must be available 24/7 to address and respond to issues related to the short-term rental property.
Responsibilities include handling maintenance concerns, addressing noise complaints, and managing other issues that may arise during a guest's stay. The registered agent is also responsible for completing all necessary paperwork with the state of Florida before the property can be rented out.
This registered agent can be the property owner, a realtor, a real estate agent, or a registered agent of a business entity associated with the property.
Miami Beach requires a specific insurance policy tailored for short-term rentals. This policy should provide coverage for both the property owner and the tenant, including liability coverage and protection against damage caused by guests.
Adhering to these insurance requirements is essential for ensuring the financial security and protection of all parties involved in the short-term rental arrangement.
Vacation rental licenses in Miami Beach, Florida, are subject to annual renewal. To renew the license, owners or registered agents must provide evidence that the property has consistently and continuously been utilized as a short-term rental.
Platforms like Airbnb and VRBO collect and remit taxes on behalf of hosts in Miami Beach, Florida. However, hosts are responsible for remitting taxes for reservations made outside of these platforms directly to the relevant authorities.
Contact Information for Miami Beach Florida Vacation Rentals:
For inquiries related to Vacation Rental Licenses:
For Code Compliance matters:
As of now, there are no specific updates on vacation rental laws and regulations in Miami Beach. However, the city is committed to continually improving the regulation of short-term (Airbnb) rentals, and stakeholders are encouraged to stay informed about any potential changes.
All information provided in this article is sourced from:
