Miami-Dade County, FL
When deciding whether to become an Airbnb host, it's important for you to understand the laws in your county. As a platform and marketplace we do not provide legal advice, but we want to give you some useful links that may help you better understand laws and regulations in Florida. This list is not exhaustive, but it should give you a good start in understanding state laws. If you have questions, contact the Miami-Dade County Neighborhood Regulations Division or other local agencies directly, or consult a local lawyer or tax professional.
Land Development Regulations
The Miami-Dade County Comprehensive Plan governs most land use in Miami-Dade County. You should consult this to see if your listing is consistent with current zoning requirements or use definitions. Important terms include "accessory use," "apartment," "apartment hotel," "bed and breakfast inn," "commercial establishment," "dwelling," "hotel," "hotel unit," and "townhome."
Rental Property and Registration
Article I Section 33-28 of the Miami-Dade County Code establishes the requirements for operating a vacation rental in unincorporated Miami-Dade County. In order to operate a Vacation Rental in Unincorporated Miami-Dade County a responsible party must first obtain a Certificate of Use (CU) from the county. To apply for a CU and obtain more information, visit the county’s Short-Term Vacation Rental Webpage and contact the Planning and Zoning Department with any questions.
Miami-Dade County, and the State of Florida assess tourist taxes on any short-term rentals of accommodations with a duration of periods of 6 months or less. Every host must obtain an active certificate from the Miami-Dade County Tax Collector in order to list their property on any hosting platform, according to Article I of Section 33-28 of the Miami-Dade County Code. Check the County's government website, and the State's FAQ page to learn more about County and State taxes, respectively. Find out more about the taxes that Airbnb collects and remits on behalf of hosts in the State of Florida.
In unincorporated Miami-Dade, vacation rentals are allowed in areas designated Residential Communities, Business and Office and Office Residential in the County’s Comprehensive Development Master Plan Land Use Plan Map. However, in areas designated Estate or Low Density Residential in the CDMP, the Responsible Party shall comply with the residency requirement.
The County regulations require that the Responsible Party reside for more than six months per calendar year in the property being offered as a vacation rental. The rental of the property may occur at the same time that the Responsible Party is residing there. This applies to properties designated as Estate or Low Density Residential on the CDMP Land Use Plan Map only. There are no residency restrictions in the other land use categories.
It's also important to understand and abide by other contracts or rules that bind you, such as leases, condo board or co-op rules, HOA rules, or rules established by tenant organizations. Please read your lease agreement and check with your landlord if applicable.
Our commitment to your community
We are committed to working with local officials to help them understand how Airbnb benefits our community. Where needed, we will continue to advocate for changes that will allow regular people to rent out their own homes.