Miami Beach Short Term Rental Law

The city of Miami Beach short term rental law includes a series of requirements for any property in Miami Beach to be considered eligible for legal short term renting. It is estimated that 95% of buildings in Miami Beach do not allow for rentals for periods shorter than 6 months. Miami Beach short term rental law:

Zoning –

Short term rentals are only allowed in certain areas in Miami Beach. Many of the areas that are authorized to conduct short term rentals are commercial areas, with only a few residential area exceptions. This map shows the Miami Beach short term rental zoning requirements.

Building requirements –

Miami Beach short term rental laws require properties to meet certain building requirements. This means that properties must abide by all building, fire, and accessibility codes. Wheelchair ramps, sprinkler systems, and impact windows are just a few of the hurdles to making a property a legal short term rental. Inspections are routinely conducted by the State of Florida, Dade County, and by City of Miami Beach. After getting hit with the $20,000 fine for illegal short term rentals three consecutive times at his property on Meridian Avenue, Daniel Sehres has decided to make the necessary upgrades to turn his property into a bed and breakfast. He estimates that this venture will cost him $200,000.

Licenses and taxes –

Miami Beach short term rental law requires properties to acquire the appropriate licenses and pay the associated taxes. The property will need a transient apartment license from both the State of Florida and the City of Miami Beach. If the property is a part of a condo association, the condo doc will also need to be referenced to see if short term rentals are allowed. In addition, the owner of the short term rental will need to pay sales and resort taxes in the amount of 13% of the rental property income. A business tax receipt is also required. Go here to obtain your business tax receipt. Or take a look at the list of businesses that already have their business tax receipts.

Affidavit –

As of December, regulations on short term rentals got even tighter. Commissioners voted to require short term rental property owners to submit an affidavit to the city. This affidavit affirms that the property is in a short term rental zone, that they have obtained a business tax receipt and resort tax account, and that their condo association allows short term rentals. This process currently requires a physical notary and an in-person visit to the city hall. Commissioner Joy Malakoff, a sponsor of the ordinance defends the increased regulation saying “South Florida is the fraud capital of the country, and we just felt it was putting too much trust in every condo owner, saying, ‘Yes they are going to tell the truth. If you get an affidavit and a letter from a condo association, we as the governing body of the city feel much more comfortable that they really are allowed to do short term rentals.”

If you have any questions about short term rentals or the Miami real estate market, please contact me today!

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