Understanding Short-Term Rentals in Florida: A Legal Guide for Miami Property Owners

As a property owner in Miami, the short-term rental market, fueled by platforms like Airbnb and Vrbo, presents a compelling opportunity to generate significant income. However, Florida’s complex and evolving regulatory framework demands strict compliance to avoid costly penalties and legal challenges. At Miami Legal, P.A., we guide property owners through the intricacies of short-term rental laws to ensure compliance and protect your investment. Below is a comprehensive guide to the legal requirements for operating a short-term rental in Miami, Florida, in 2025.

Qualifies as a Short-Term Rental in Florida?

In Florida, a short-term rental is defined as a residential property—such as a single-family home, condominium, or apartment—rented for fewer than 30 days or one calendar month (whichever is shorter) more than three times per year for compensation. This definition applies to listings on platforms like Airbnb, Vrbo, or Booking.com. However, local ordinances in Miami and Miami-Dade County often impose stricter rules, making it critical for property owners to understand both state and municipal regulations.

Key Legal Requirements for Short-Term Rentals in Miami

To operate a compliant short-term rental in Miami, property owners must adhere to a range of state and local regulations. Below is a detailed breakdown of the requirements:

1. State Licensing and Tax Registration

• State Licensing: All vacation rentals in Florida must be licensed by the Florida Department of Business and Professional Regulation (DBPR). Failure to obtain a license can result in fines and legal action.
• Tax Registration: Property owners must register with the Florida Department of Revenue to collect and remit applicable taxes, including sales tax and tourist development taxes.
• Compliance: Rentals must comply with all state laws, including safety and tax regulations.

2. Tourist Tax Account

For rentals lasting six months or less, property owners must:

• Register for a Tourist Tax Account with Miami-Dade County.
• Collect and remit monthly Convention and Tourist Development Taxes, as required by county regulations.

3. Certificate of Use (CU)

Before listing your property on any short-term rental platform:

• Obtain a Certificate of Use (CU) from Miami-Dade County.
• • Cost: $36.70 (annually renewable at the same cost).
• Schedule a property inspection to ensure compliance with safety and zoning regulations.
• • Inspection Fee: $89.97, plus a $9.50 surcharge.
• Note: A CU will not be issued if the property fails inspection or has unresolved fines or code violations.

4. Display Requirements

Once obtained, the CU must be prominently displayed inside the rental property during occupancy. The display must include:

• The name, address, and phone number of the responsible party (e.g., the property owner or manager).
• The maximum occupancy of the rental (see below).

5. Maximum Occupancy Limits 

Miami-Dade County enforces strict occupancy rules to ensure safety:

• Two persons per bedroom, plus two additional persons per property.
• Total occupancy may not exceed 12 persons.
• Children under three years old are exempt from the occupancy count.

6. Sexual Offender and Predator Screening

To protect public safety, property owners must:

• Verify with law enforcement that prospective guests are not registered sexual offenders or predators.
• If the property is within 2,500 feet of a school, registered offenders or predators are prohibited from staying for four or more days in any month. Contact the 311 Contact Center for distance verification and screening assistance.
• Knowingly allowing a registered sexual offender or predator to occupy the property in violation of these rules is illegal and may result in penalties.

7. Swimming Pool Safety

If your property includes a private swimming pool, at least one of the following safety features must be installed:

• Pool safety barrier.
• Safety cover.
• Pool alarm.
• Self-latching door or alarmed entry. Shared community pools (e.g., in condominiums) are exempt from these requirements, but all pools must comply with Miami-Dade County Code Section 33-12 regarding pool fences.

8. General Property Regulations

Short-term rentals must comply with all applicable laws and ordinances, including:

• Solid waste disposal.
• Noise and nuisance restrictions.
• Parking regulations.
• Advertising requirements.
• Pet policies. Additionally, rentals must adhere to federal, state, and local regulations governing:
• • Fair housing.
  • Anti-discrimination.
  • Disability access.

9. Pre-Occupancy Notification

Before guests occupy the property, owners must provide written notice that includes:

• Noise regulations.
• Public nuisance expectations.
• Parking instructions.
• Trash collection schedules.
• Common area rules (if applicable). This information must also be visibly posted inside the rental property.

10. Disability Access Disclosure

At the time of listing, property owners must disclose any limitations related to disability access to ensure compliance with anti-discrimination laws and to inform prospective guests.

11. Notification to Associations

If the property is part of a homeowners’ association (HOA), condominium board, or cooperative association, owners must:

• Notify the association of the rental arrangement.
• Ensure compliance with all governing documents, policies, and restrictions related to short-term rentals.

12. Violations and Guest Monitoring

To maintain compliance and address issues promptly:

• Owners must report violations to law enforcement and the rental platform (e.g., Airbnb, Vrbo).
• A 24/7 contact must be available to resolve issues related to the rental.
• A guest register must be maintained, documenting:
• • Names of all transient occupants and invitees.
  • Dates of stay.

Why Compliance Matters

Non-compliance with Florida’s short-term rental regulations can result in significant fines, legal action, and suspension of your ability to operate a rental. Additionally, violations may damage your reputation on rental platforms, leading to lost revenue and guest trust. By adhering to these requirements, you can protect your investment and operate a successful short-term rental business.

How Miami Legal, P.A. Can Help

Navigating Florida’s complex short-term rental regulations requires in-depth knowledge of real estate law and local ordinances. At Miami Legal, P.A., our experienced attorneys provide tailored legal guidance to help property owners comply with all state and local requirements, avoid legal pitfalls, and maximize the profitability of their short-term rental ventures. Whether you’re a first-time host or a seasoned investor, we are here to support you in Miami’s competitive 2025 market.

Contact Us

For expert legal assistance with your short-term rental business, reach out to Miami Legal, P.A. at info@miamilegalpa.com or call 305-668-6449. Let us help you navigate the legal landscape and ensure your rental business thrives.