Thinking about buying in South Beach for nightly rental income? You are not alone. The rules here are specific to city zoning, building type, and even your ownership status, which can make or break returns. In this guide, you’ll learn where short-term rentals may be allowed, the basics of licensing and taxes, and how condo bylaws shape your strategy. Let’s dive in.
South Beach STR basics
Short-term rentals in Miami Beach are tightly regulated and vary by block and building. The city controls where you can offer nightly or short stays, and it requires local registration before you advertise. State and county tax rules also apply. If you plan to rent in South Beach, you need to verify city zoning, building rules, and your compliance plan before you buy or list.
Where STRs are allowed
Miami Beach sets location rules by zoning district and sometimes by street or special area. That means two similar units can face very different rules depending on the map, the building’s use, and whether you live there full-time. Start with the city’s official resources to confirm what applies to a specific address on the City of Miami Beach site.
Zoning and maps
- The city regulates transient or nightly rentals by zoning category. Some districts allow them in certain buildings, while many residential zones restrict or prohibit them.
- Check the parcel’s current zoning and land use before you assume eligibility. You can review code chapters through the Miami Beach Code of Ordinances and cross-reference property details on the Miami-Dade mapping and appraisal resources available from the Miami-Dade County site.
Primary residence vs investment
- Rules often differ for an owner’s primary residence compared to a non-owner investment unit.
- Some pathways to rent short term depend on your principal residence status and specific documentation in the city application.
Building type matters
- Multi-unit buildings, including condos and co-ops, may face added limits. Even when city zoning permits short-term use, many buildings set private rules that limit or ban nightly rentals.
- Single-family homes and certain mixed-use or resort-type properties can be treated differently. Always confirm the building’s permitted use and certificate of occupancy.
Historic and special areas
- South Beach includes historic districts and high-tourism corridors. These areas often have stricter enforcement of noise, signage, and occupancy rules.
- If a property sits in an overlay or special district, expect additional standards and closer oversight.
Grandfathered and nonconforming uses
- In rare cases, prior approvals or uses may be grandfathered. That does not guarantee new approvals today.
- Ask the city about any past licensing or enforcement tied to the specific unit or building before you rely on old permissions.
City licensing and operations
Short-term rentals in Miami Beach require local approval. Plan ahead for documentation, inspections, and renewals.
Registration and business tax
- You must register for a city short-term rental license and typically obtain a local business tax receipt. Applications and renewals are handled through city channels referenced on the City of Miami Beach site.
- Expect to provide proof of ownership, address verification, and, when relevant, proof of primary residence. You will also name a 24/7 local contact for compliance.
Safety and inspections
- Compliance with safety standards is required, such as smoke detection, safe egress, and other building and fire code items.
- Some approvals involve inspections before issuance or renewal. Occupancy limits may connect to sleeping rooms or the certificate of occupancy.
Advertising rules and house posting
- The city can require you to display your license or registration number in all advertisements.
- House rules and your local contact information are often required to be posted inside the unit for guests.
Parking and neighborhood standards
- South Beach parking is limited. Your guests may be restricted by building and city rules.
- Noise, gatherings, and nuisance regulations are actively enforced. Plan for thoughtful guest policies and proactive communication.
Taxes you must plan for
Short-term stays trigger state and county taxes. Budget for both and verify who remits.
Florida sales and transient taxes
- Florida imposes state sales and transient rental taxes on short stays. Register and confirm your filing obligations with the Florida Department of Revenue.
- Some platforms collect and remit certain taxes, but you are still responsible for correct registration and full compliance.
Miami-Dade tourist development taxes
- Miami-Dade County levies tourist development or bed taxes on short-term stays. Review county registration and remittance on the Miami-Dade County site.
- Rates and filing schedules can change. Confirm current requirements directly with state and county resources.
Condo and HOA rules that control feasibility
Even when city zoning allows short-term rentals, your building may not. Condo declarations, bylaws, and rules often set stricter leasing limits.
Association authority
- Condo boards can regulate leasing through recorded declarations and bylaws. They can set minimum lease terms, require approvals, or prohibit short stays.
- Private restrictions that are more restrictive than city rules are generally enforceable. For interpretation of conflicts, you can consult the relevant state law resources via the Florida Legislature site.
Common condo provisions
- Minimum lease terms of 30, 60, 90 days or longer, which block nightly rentals in practice.
- Owner-occupancy requirements before leasing or limits on the number of leases per year.
- Lease approval processes and screening. Fines and legal remedies for violations are common.
- Insurance and assessments tailored to short-term use.
Investor implications
- A building with a short-term rental ban is a mismatch for a nightly income plan.
- Even permissive buildings can later tighten rules. If your strategy depends on short stays, consider this policy risk in your underwriting and exit plan.
- Lenders and insurers may treat STR-heavy buildings differently, which affects cost and approvals.
Compliance, enforcement, and risk management
Miami Beach actively enforces compliance in high-tourism areas like South Beach.
- Penalties can include fines, license suspension or revocation, and legal action for repeat violations.
- Complaints drive many investigations. A reliable local contact and quick response plan reduce risk.
- Keep accurate records of bookings, taxes, and communications. Document your license number in listings and in-unit postings.
A clear verification checklist
Use this step-by-step process before you buy or list a unit for short-term use:
- Verify zoning and use
- Confirm building rules
- Obtain the recorded condo declaration, bylaws, and rules. You can source recorded documents through the Miami-Dade County Clerk.
- Ask for recent amendments and board resolutions tied to leasing policies.
- Review license history
- Ask the city about any prior short-term rental registrations or enforcement actions for the unit or building.
- Verify the certificate of occupancy and whether the structure is eligible for transient use.
- Prepare your city application
- Gather ownership proof, identification, and local contact details. Plan for safety compliance and any inspection.
- Budget for renewal timelines and posting requirements in the unit and in your advertising.
- Register for taxes
- Line up insurance and management
- Confirm coverage that addresses short-term liability. Ask the association about any insurance rider requirements.
- Establish a 24/7 local contact to meet city requirements and manage guest issues.
- Model policy change risk
- Underwrite scenarios where building rules tighten or city requirements change.
- Keep a fallback plan for long-term leasing or resale if nightly rentals stop penciling.
Three common South Beach scenarios
These examples highlight how rules can differ by address and building. Always verify specifics for your unit.
Primary residence with occasional hosting
You live in your South Beach unit and plan to rent while traveling. Your path depends on city rules for primary residences in that zone, plus your building’s bylaws. You still need city registration, tax compliance, and a 24/7 local contact.
Condo with a 90-day minimum
Your building’s declaration sets a 90-day minimum lease term. Even if the city would allow short stays for the parcel, your building’s rule blocks nightly rentals. Your best strategy is a furnished seasonal lease aligned with the building’s minimum.
Licensed resort-style building
The parcel sits in a district where transient use is permitted for the building type, and the condo documents allow short-term rentals. You still must register with the city, meet safety and posting standards, and comply with state and county tax rules. Management, guest screening, and onsite support drive your operating performance.
Work with a local advisor
Short-term rental feasibility in South Beach turns on details: zoning, building type, and condo bylaws. Your best move is to verify each layer against current city code, recorded building documents, and tax registrations before you invest. If you want help sourcing buildings that align with your plan, coordinating due diligence, and modeling returns under different rule sets, our team is ready to assist.
Ready to explore short-term rental opportunities in South Beach with a clear compliance roadmap? Schedule a private consultation with the Ben Moss Group.
FAQs
Can you operate a short-term rental in South Beach?
What taxes apply to Miami Beach short-term rentals?
How do condo bylaws affect short-term renting?
- Many South Beach condos set minimum lease terms or ban short stays. Get the recorded declaration, bylaws, and amendments from the Miami-Dade County Clerk and review them before you buy.
What does the city require to get licensed?
- You’ll need a city registration or license, often a local business tax receipt, a 24/7 local contact, safety compliance, and proper posting in ads and in the unit. Start with the City of Miami Beach site.
How is enforcement handled in South Beach?
- Miami Beach uses complaints, inspections, fines, and license actions to enforce rules. Strong guest policies and a responsive local manager reduce risk and help keep you compliant.
