Is Rental Arbitrage Legal in Miami, FL?
Restricted. The City of Miami treats a short-term rental as a lodging use: a room or group of rooms, each with its own bathroom and full kitchen, rented to transient guests for 30 days or less. Single-family homes and duplexes in T3 and T4-R transect zones are not eligible. Eligible units need a Florida DBPR lodging licence first, then a City Certificate of Use, Certificate of Occupancy and Business Tax Receipt, plus an Operational Management Plan signed by the HOA or COA. The Certificate of Use renews every year, and Code Enforcement and Fire Prevention can inspect without notice.
Can a renter do rental arbitrage here? Only in limited areas. Renters can only operate in certain zones, or with a special approval. Confirm the exact property qualifies before you sign.
Requirements
- Florida DBPR lodging licence (obtained before city approval)
- City of Miami Certificate of Occupancy (Building Department)
- City of Miami Certificate of Use (Zoning Department), renewed annually
- City of Miami Business Tax Receipt (Code Compliance)
- Operational Management Plan on the City's unaltered template, signed by the HOA or COA, with a 24-hour contact
- Short-Term Rental/Lodging Evaluation Form and a Data Sheet for existing construction
- Compliance with City Code Section 31-94 (human trafficking prevention rules for lodging)
Restrictions
- Single-family homes and duplexes in T3 and T4-R transect zones are not eligible
- Check the zone and any overlay on the City's GIS Zoning Map before applying
- If more than 25% of a building's units are transient lodging, the whole building must meet R-1 occupancy standards instead of R-2
- Not renewing the Certificate of Use revokes the authorization
- Miami Beach and unincorporated Miami-Dade County have their own separate rules, so they do not apply to the City of Miami
Official permit or registration page
Next Step
Legal is one half of the decision. The other half is whether the deal earns enough to be worth the risk.
Sources
Frequently Asked Questions
- Where Are Short-Term Rentals Allowed in Miami?
- Only in transect zones where the Miami 21 zoning code allows lodging (Article 4, Table 3).
- What Permits Does a Miami Short-Term Rental Need?
- A City of Miami certificate of use, a business tax receipt, and a Florida DBPR license for whole-unit rentals.
- Do Miami's Rules Apply in Miami Beach?
- No. Miami Beach is a separate city with its own, stricter rules.
- Can a Condo Association Ban Short Stays?
- Yes. Condo and HOA rules can prohibit short-term rentals even where zoning allows lodging.