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Is Airbnb Legal in Miami Beach? Where Short-Term Rentals Are Allowed and What the City Requires

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You own a property in Miami Beach and want to rent it on Airbnb or Vrbo. This page quotes the city’s rules, the fines and the taxes, so you can check your address first.

The city states the main restriction.

“Vacation/short-term rentals (less than six months and one day) have become popular alternatives to traditional hotels. However, pursuant to the Resiliency Code (7.5.4.13(d)(E) and Resiliency Code (7.5.4.11(a)) vacation/short-term rentals are prohibited in all single-family homes and in many multi-family housing buildings in certain zoning districts of Miami Beach.”

Source: City of Miami Beach

What this means for you: The city says short-term rentals are prohibited in all single-family homes. They are also prohibited in many multi-family buildings in certain zoning districts. The city’s words for a short-term rental are a stay shorter than six months and one day. Check your address before you list.

A rental is permitted at an address in a qualified zone on the city’s zoning map, quoted under “Where Short-Term Rentals Are Allowed” below.

What Is Banned or Limited

The city ties every approved short-term rental to three things.

“Approved vacation/short-term rentals have the proper authorization and zoning approval for this activity including a Business Tax Receipt and Resort Tax account.”

Source: City of Miami Beach

“Are there any situations where you can legally engage in a transient rentals operation without a Business Tax Receipt or Resort Tax account? None.”

Source: City of Miami Beach Resort Tax

What this means for you: A rental needs zoning approval, a Business Tax Receipt and a Resort Tax account. The city was asked whether any rental can run without them. Its answer is “None.” There is no exception.

Advertising comes next, and the city bans it until the owner has filed an affidavit.

“An owner of a residential property is prohibited from advertising the residential property, or any portion thereof, for its transient rental or occupancy, unless:”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: You must file the affidavit first. Only then may you list the property. The city bans advertising until the affidavit’s conditions are met. The items of the affidavit are listed under “What the City Requires Where Rentals Are Allowed” below.

Where Short-Term Rentals Are Allowed

The city sends owners to its zoning map.

“Is your property listed on the zoning map in a qualified zone? If so, you are permitted to operate a short-term rental and must obtain a Vacation/Short-Term Rental Business Tax Receipt.”

Source: City of Miami Beach

“Short Term Rentals Allowed in accordance with all applicable State, County and Local regulations”

Source: City of Miami Beach Zoning Map

What this means for you: If your address is in a qualified zone on the map, you are permitted to operate a short-term rental. You must then obtain the Vacation/Short-Term Rental Business Tax Receipt. The map’s legend says rentals are allowed in accordance with all applicable State, County and Local regulations. So passing the zoning check is the first step, not the last.

The city also publishes a list of apartment buildings.

“Apartment Buildings Authorized for Short Term Rental”

Source: City of Miami Beach

What this means for you: Check whether your building is on the city’s list. The quote is the title of the list and gives no other rule. If your building is not on the list, call the city’s Customer Service Center at 305.673.7420.

How to Check Your Address

The city runs an address lookup.

“Practice safe renting by verifying that the property you intend to rent is properly permitted. Please enter the street number and partial or complete street name and click the Search button. If the property you are searching for is not listed, please contact our customer service center at 305.673.7420 for additional information and guidance.”

Source: City of Miami Beach Practice Safe Renting

“The information contained within this map is for reference ONLY, and is not to be used for legal purposes.”

Source: City of Miami Beach Zoning Map

What this means for you: Use the lookup and the zoning map. The map says it is for reference only and is not a legal determination. So confirm your address with the city before you list. If the property is not listed in the lookup, call the customer service center number given in the quote.

Code Compliance takes questions about illegal rentals.

“For more information on illegal vacation / short-term rentals contact Code Compliance at 305.673.7555 or our Customer Service Center at 305.673.7420 .”

Source: City of Miami Beach

What this means for you: Call the city if you are unsure about your address. BnBGenius cannot check this for you and does not know local rules.

A hand holding a pen fills out a paper form on a desk.
A host completes the paperwork needed to register a rental property.

What the City Requires Where Rentals Are Allowed

Registration.

“The business would have to apply for a Business Tax Receipt and Resort Tax Account.”

Source: City of Miami Beach Resort Tax

“Once your account is registered, log into the Citizen Access Portal to register your property as a Business”

Source: City of Miami Beach

What this means for you: Apply for the Business Tax Receipt and a Resort Tax account. The city says to register an account first. Then log into the Citizen Access Portal to register your property as a business.

Condo units.

“For individual condo units: a letter from the unit’s Condominium Association stating that transient rental activity is permitted at the address.”

Source: City of Miami Beach Resort Tax

“Can a tenant obtain a Business Tax Receipt for transient rentals at a Condo? No. Business Tax Receipts for transient rental activities are only issued to unit owners”

Source: City of Miami Beach Resort Tax

“Has obtained written authorization from the condominium association that expressly authorizes the property owner to engage in the transient rental or occupancy of the residential property or unit.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: A condo owner needs a letter from the association. The letter must say transient rental activity is permitted at the address. The receipt is issued only to unit owners, so a tenant cannot obtain one. The affidavit must state that you have this written authorization.

Affidavit items.

“Shall provide, to the Code Compliance Department, the name and contact information for all hosting platforms, advertisement platforms and short-term residential rental advertising platforms on which the residential property is, or will be, listed for rent;”

Source: City of Miami Beach Code Sec. 102-386

“Shall have insurance coverage which will be in effect at all times while the residential property is being utilized as a short-term residential rental to cover all liability for any injury or harm which occurs to short-term residential rental occupants or their invitees;”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: List every platform with Code Compliance. Airbnb and Vrbo alike must be named. Keep the insurance in effect at all times while the property is used as a short-term rental.

“Has acknowledged, in a separate writing attached to the affidavit, that the property owner has received, reviewed and recognized that the use of the residential property as a short-term residential rental could result in the loss of the homestead exemption;”

Source: City of Miami Beach Code Sec. 102-386

“Acknowledges that the short-term residential rental must be registered with the Florida Department of Revenue, or successor agency, for purposes of collecting and remitting applicable state taxes and all such state taxes have been, or will be, paid.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: The homestead exemption could be lost. The owner must acknowledge this in a separate writing attached to the affidavit. The rental must also be registered with the Florida Department of Revenue for state taxes.

Inspection.

“Upon the issuance or renewal of a business tax receipt and/or certificate of use, the short-term residential rental shall be subject to inspection to ensure compliance with all applicable code requirements.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: Expect an inspection when the receipt is issued or renewed. Keep your records ready for it.

Occupancy.

“The maximum occupancy for short-term residential rentals shall be a maximum of two persons per bedroom, excluding children under two years of age. Notwithstanding the foregoing, at no time may the occupancy of a short-term residential rental exceed the maximum occupant load for the residential property pursuant to the Florida Building Code or the Florida Fire Prevention Code.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: The cap is two persons per bedroom. Children under two are not counted. For a 3-bedroom unit, 3 x 2 = 6 people at most. But the occupancy may never exceed the occupant load set by the Florida Building Code or the Florida Fire Prevention Code. If that ceiling is lower, the lower number governs.

Parking and noise.

“Transient occupants shall not be permitted to park more than two vehicles at any one time on the subject property or on the street or swale during the rental period.”

Source: City of Miami Beach Code Sec. 102-386

“In addition, outdoor amplified sound at the short-term residential rental property is prohibited at all times.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: Guests may not park more than two vehicles at a time. Outdoor amplified sound is prohibited at all times. Put both in your house rules and the check-in message on Airbnb and on Vrbo.

Always reachable, and a guest register.

“For each short-term residential rental, the property owner shall:”

Source: City of Miami Beach Code Sec. 102-386

“Ensure that any violations regarding the short-term residential rental property are promptly addressed and resolved 24 hours a day/seven days per week; and”

Source: City of Miami Beach Code Sec. 102-386

“Maintain a register with names and dates of stay of all guests, including, but not limited to, all transient occupants and their invitees, which shall be open to inspection by the city.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: The city assigns these duties to the property owner. As the owner, you must promptly address and resolve violations at any hour, any day of the week. Keep a guest register with names and dates of stay. The city can inspect it.

Advertising.

“Pursuant to the Miami Beach City Code ( Sec 102-386 ) vacation/short-term rentals that are permitted in certain zoning districts of Miami Beach shall provide and conspicuously display the City-issued Business Tax Receipt number and the Resort Tax certificate number in every advertisement or listing of any type in connection with the rental of the residential property.”

Source: City of Miami Beach

“Failure to comply with this requirement shall create a rebuttable presumption that the residential property is being operated without the proper registration.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: Your Airbnb listing must show the Business Tax Receipt number. It must also show the Resort Tax certificate number. The same applies to your Vrbo listing. A listing without these numbers creates a presumption that the rental runs without registration.

Fines and Enforcement

The owner’s fines.

“If the violation is the first offense, a person or business shall receive a civil fine of $1,000.00;”

Source: City of Miami Beach Code Sec. 102-386

“If the violation is the second or subsequent violation within the preceding six months, a person or business shall receive a civil fine of $5,000.00, and the business tax receipt and/or certificate of use shall be revoked.”

Source: City of Miami Beach Code Sec. 102-386

What this means for you: A first offense brings the fine stated in the quote. For a second or later offense within six months, the fine is larger. The Business Tax Receipt and/or the certificate of use shall be revoked at that point. That revocation is not optional.

“If a building or unit is found to be operating a short-term rental illegally, the tenants/visitors will be evicted and fines assessed against the owner.”

Source: City of Miami Beach Practice Safe Renting

What this means for you: If a unit runs illegally, the guests are evicted. The fines are assessed against the owner, in the city’s words.

The city’s code also covers the platforms.

“No hosting platform shall provide payment processing services, or otherwise facilitate payment for a short-term residential rental that does not have a valid business tax receipt, certificate of use, and other requirements that are mandated in accordance with this section and section 102-386 .”

Source: City of Miami Beach Code Sec. 102-387

What this means for you: A rental must have every item the quote requires. It needs a valid Business Tax Receipt, a certificate of use, and the other mandated requirements. Only then may a hosting platform process or help with payment. This is why the receipt matters for Airbnb and Vrbo bookings alike.

The platforms’ own fines start with a first offense.

“If the violation is the first offense, a person or business shall receive a civil fine of $1,000.00;”

Source: City of Miami Beach Code Sec. 102-387

What this means for you: A platform’s first offense brings the same fine as an owner’s first offense. Repeat violations within six months bring larger fines, as the table below shows.

Violation within six months City’s words
Second “If the violation is the second violation within the preceding six months, a person or business shall receive a civil fine of $2,000.00;” (Source: City of Miami Beach Code Sec. 102-387)
Third “If the violation is the third violation within the preceding six months, a person or business shall receive a civil fine of $3,000.00; and” (Source: City of Miami Beach Code Sec. 102-387)
Fourth or subsequent “If the violation is the fourth or subsequent violation within the preceding six months, a person or business shall receive a civil fine of $5,000.00.” (Source: City of Miami Beach Code Sec. 102-387)

What this means for you: The fine goes up from the second violation to the third. The fourth and every later violation within six months stay at the final tier. These fines are in the platform section of the code.

Taxes

Florida’s state tax on short rentals.

“Florida’s 6% state sales tax, plus any applicable discretionary sales surtax, applies to rental charges or room rates paid for the right to use or occupy living quarters or sleeping or housekeeping accommodations for rental periods of six months or less, often called “transient accommodations” or “transient rentals.””

Source: Florida Department of Revenue

“Florida Transient Rental Tax: 6% of the listing price including any cleaning fee for reservations 182 nights and shorter.”

Source: Airbnb Help

“Florida Discretionary Sales Surtax: 0.5%-1.5% of the listing price including any cleaning fee for reservations 182 nights and shorter.”

Source: Airbnb Help

What this means for you: The state tax is 6% plus any applicable surtax. Airbnb says it lists the Florida tax at 6% and a surtax within the quoted range. Register with the Florida Department of Revenue, as the affidavit says.

The Florida Department of Revenue’s county list.

“Miami-Dade (2) 6.0% County”

Source: Florida Department of Revenue

“(2) Miami-Dade: 4% for Surfside and Bal Harbour, 7% for Miami Beach, and 6% for the rest of the county.”

Source: Florida Department of Revenue

What this means for you: The same document shows two figures for Miami-Dade. One is a general row for the county. The other is a footnote that names Miami Beach and gives its own figure. Ask the county and the city who collects each of these taxes.

The city’s own resort tax.

“What is the amount of Resort Tax collected from customers for the transient rental of rooms? Four percent (4%) for all transient rentals six (6) months or less.”

Source: City of Miami Beach Resort Tax

“How do I treat the sales from 3rd party vendors such as AirBNB, Uber Eats, Grub-hub and Postmates? You need to report/include those sales with your monthly filings.”

Source: City of Miami Beach Resort Tax

“All monthly accounts need to file by the 20th of the month for the preceding calendar month’s collections. All annual filers need to file by May 20th for the preceding year’s (May-April) collections.”

Source: City of Miami Beach Resort Tax

What this means for you: The resort tax is 4% for rentals of six months or less. Sales through third-party sites such as Airbnb go into your monthly filing. The city’s answer names Airbnb as one example, so ask the city if you also rent through Vrbo. Monthly accounts file by the 20th for the preceding month. Annual filers file by May 20th.

Platform What the platform lists for Miami-Dade What the owner checks
Airbnb “Tourist Development Room Tax: 2% of the listing price including any cleaning fee for reservations 182 nights and shorter in Miami-Dade County. The tax is not applicable to reservations in Miami Beach, Bal Harbour and Surfside.” (Source: Airbnb Help) “Professional Sports Franchise Facility Tax: 1% of the listing price including any cleaning fee for reservations 182 nights and shorter. The tax is not applicable to reservations in Miami Beach, Bal Harbour and Surfside.” (Source: Airbnb Help) “Convention Development Tax: 3% of the listing price including any cleaning fee for reservations 182 nights and shorter in Miami-Dade County. The tax is not applicable to reservations located in Bal Harbour and Surfside.” (Source: Airbnb Help) “Hosts may need to manually collect and remit other applicable taxes on their stay or experience price.” (Source: Airbnb Help)
Vrbo “Miami Dade County County Tourist Development Tax Miami-Dade County under 184 nights April 1, 2020” (Source: Vrbo Help) “You’re also responsible for collecting and remitting lodging taxes when we’re not liable to do so.” (Source: Vrbo Help)

What this means for you: Airbnb lists three Miami-Dade lines. Its tourist development and sports facility tax quotes say those taxes do not apply in Miami Beach. Its convention development tax quote lists exclusions for Bal Harbour and Surfside and does not list Miami Beach. Vrbo lists a county tourist development tax for Miami-Dade. After each booking, check in each platform’s tax settings what it collects and what is left for you to collect and remit.

BnBGenius is not an accounting tool and does not know local tax rules.

A young woman sits on a couch indoors, looking at her smartphone.
A host checks her Airbnb listing updates from her couch.

If Your Address Qualifies: What BnBGenius Does

This section applies only if the zoning lookup shows your address qualifies and you hold the Business Tax Receipt and the Resort Tax account. BnBGenius does not know local rules, does not check zoning and is not the party responsible to the city.

Answers guest messages on Airbnb and Vrbo 24/7

Guests ask about parking, noise and how many people may stay. The answers belong in your house rules and check-in instructions. They rest on the two-vehicle limit, the outdoor amplified sound ban and the two-persons-per-bedroom cap, subject to the lower Florida Building/Fire Code ceiling, all quoted above. BnBGenius answers guest messages on Airbnb and Vrbo 24/7; it does not know local rules by itself.

Requests a review from the guest and publishes the host’s review

Kent Morgan, BnBGenius co-founder:

“We went from reviewing 40% of stays to 100% overnight. The AI even thanked guests for things we fixed mid-stay. Our review-to-review rate jumped immediately.”

Kent Morgan, BnBGenius co-founder, on bnbgenius.ai/reviews

Creates cleaning and repair tasks after checkout

The city can inspect the guest register and the property. Cleaning and repairs keep the unit ready for that. The cleaning and repairs are done by your local people; BnBGenius creates cleaning and repair tasks after checkout.

Kent Morgan, BnBGenius co-founder:

“We used to find out about issues in post-stay reviews. Now BnBGenius flags them mid-stay, creates the task, and our cleaners respond in under 15 minutes.”

Kent Morgan, BnBGenius co-founder, on bnbgenius.ai/tasks

Answers guest calls with a voice AI agent

Voice Concierge, an add-on, answers guest calls with a voice AI agent. It does not replace the 24/7 duty to resolve violations quoted above. It is not the city’s responsible party.

Kent Morgan, BnBGenius co-founder:

“The concierge answered 84% of our after-hours calls last month without waking anyone up. Guests thought it was our in-house team the whole time.”

Kent Morgan, BnBGenius co-founder, on bnbgenius.ai/voice

Sells gap nights, early check-in and late checkout

BnBGenius sells gap nights, early check-in and late checkout. Before you accept a gap night, check it against the occupancy and parking rules quoted above.

Is run from Telegram

BnBGenius is run from Telegram.

Airbnb and Vrbo

Guest work Airbnb Vrbo
Messages “Every reservation automatically creates a group thread where all bookers, co-travelers, hosts and co-hosts can connect.” (Source: Airbnb Help) “You can send a message to a host through our secure messaging platform.” (Source: Vrbo Help)
Reviews “After a guest checks out, both the guest and their host will be prompted to leave a review. Both parties will have 14 days after checkout to submit their review.” (Source: Airbnb Help) “You and your guests have 180 days to provide your review. Once one party submits their review, the other party has 14 days to complete their review.” (Source: Vrbo Help)
Check-in details “Guests will see your check-in method (such as smart lock, keypad, or lock box) but they won’t see the detailed check-in instructions until 48 hours before check-in.” (Source: Airbnb Help) “The welcome guide includes: Host or property manager contact information. Directions to the property. Parking instructions. Access instructions. Check-in and check-out instructions.” (Source: Vrbo Help) “The welcome guide information is emailed to your guests in the language you wrote it in, three days before check-in.” (Source: Vrbo Help)
Listing details Both listings must show the Business Tax Receipt number and the Resort Tax certificate number (see “What the City Requires Where Rentals Are Allowed”) Same

What this means for you: Airbnb creates a group thread for every reservation. It releases detailed check-in instructions 48 hours before check-in. Vrbo emails your welcome guide three days before check-in. Reviews run on a 14-day window on Airbnb and a 180-day window on Vrbo, with 14 days for the other party once one review is in.

On both platforms, answers about parking, noise and guest numbers must rest on your house rules and check-in instructions. BnBGenius answers guest messages on Airbnb and Vrbo 24/7 and requests a review from the guest and publishes the host’s review. You check taxes separately.

How to Start

This applies only if your address qualifies under the rules quoted above.

Do it yourself with BnBGenius

BnBGenius installs as a Chrome extension in about 5 minutes, without API keys, without password sharing, no PMS required. It is run from Telegram, and the first 500 messages are free, with all features and no card. Current pricing is on the Pricing page.

Let One Fine BnB handle it

One Fine BnB, the sister management company, can do the whole job for you.

BnBGenius is not a PMS, a channel manager, a calendar sync, a direct-booking, pricing or accounting tool.

More City Guides

Rules and rates last checked on 2 October 2026.

About this article

Kent Morgan

Kent Morgan · Co-founder, BnBGenius

Kent Morgan is a co-founder of BnBGenius, software built for hosts who self-manage their own Airbnb and Vrbo listings. He's also the founder and president of One Fine BnB, a short-term rental management company running hundreds of properties from Austin. Since founding his first management company in New York in 2011, he's worked closely with the major OTAs and STR platforms as an early tester and development partner. BnBGenius exists to hand hosts with one to five listings the pricing and operations systems that a portfolio that size runs on.