MiamiShort-term rental rules
Largest 50 cities / Florida
Miami's Miami 21 zoning code bars whole-home short-term rentals in T3 and T4-R residential zones, a restriction courts upheld because it predates Florida's 2011 preemption law. Legal STRs are mostly confined to commercial and mixed-use zones.
Research reviewed . Interpretation in original review.
- Does the operating permit transfer?
- Not established
The code is silent on sale; annual Certificate of Use renewal lapses on non-renewal, suggesting it runs with the property, but Zoning has not confirmed whether a sale requires a fresh application.
- Can the land-use approval continue?
- Verify the property approval
The operating-permit rule does not establish whether this parcel’s zoning approval, variance or older-use protection continues. Obtain the actual approval and its conditions.
- Can this buyer obtain approval?
- Non-owner-occupied STRs are barred in T3 and T4-R single-family and duplex zones; allowed elsewhere with a Certificate of Use, no citywide cap or lottery.
- License or registration
- City Zoning Department issues an annual Certificate of Use for lodging; Florida DBPR issues a state license; Code Compliance issues a Business Tax Receipt.
- Application availability
- Confirm current availability
Application availability was not separately reverified for this explorer. Check the city’s current program, cap, lottery or waitlist before relying on the seller’s rental history.
- Timing to verify
- No sale-specific deadline was established in this summary. Ask the issuing office about filing, renewal and any interruption in operation.
- Changes and uncertainty
- Zoning ban survived a split 2018 appellate ruling, but post-2018 enforcement and remand status are unconfirmed.
What this means for the appraisal
- Resolve the operating-permit procedure with the issuing office and record the answer before relying on post-sale rental income.
- Verify the property’s land-use approval and continuation conditions. Research finding: Verify the property approval.
- Check the proposed buyer against the recorded requirements: Non-owner-occupied STRs are barred in T3 and T4-R single-family and duplex zones; allowed elsewhere with a Certificate of Use, no citywide cap or lottery.
- In the assignment analysis, identify the evidence supporting the proposed rental use, any operating interruption and any unresolved assumptions.
Use these prompts to plan the property review. The appraiser must evaluate the evidence and reach the assignment-specific conclusions.
Record the property evidence in a worksheetRequest documents from the owner or agent
Copy this market-specific request, add the property address and edit it for the assignment.
Read or select the document request
Subject: STR property document request | Miami, FL Please provide the following documents for the property under review. Identify any item that is unavailable or does not apply. 1. Property address, parcel ID and confirmation of the governing jurisdiction. 2. Current operating permit or registration, named holder, expiration date and renewal history, if applicable. 3. Written ownership-change instructions from the issuing office. Guide finding: The code is silent on sale; annual Certificate of Use renewal lapses on non-renewal, suggesting it runs with the property, but Zoning has not confirmed whether a sale requires a fresh application. 4. Zoning approval, conditional-use permit, variance or grandfathering record, including conditions and evidence of continued use. Guide finding: The operating-permit rule does not establish whether this parcel’s zoning approval, variance or older-use protection continues. Obtain the actual approval and its conditions. 5. Documents addressing the proposed buyer and property requirements: Non-owner-occupied STRs are barred in T3 and T4-R single-family and duplex zones; allowed elsewhere with a Certificate of Use, no citywide cap or lottery. 6. Current confirmation of application availability, including any cap, waitlist, lottery or separation rule. Guide finding: Application availability was not separately reverified for this explorer. Check the city’s current program, cap, lottery or waitlist before relying on the seller’s rental history. 7. Recorded covenants, HOA or condominium rental restrictions and applicable lease restrictions. 8. Rental operating statements and booking records, with the periods covered and any anticipated interruption at closing. 9. Written clarification: The original review describes an inference or a gap in the sale provision. Obtain the city’s written ownership-change procedure for the specific approval. Market research reviewed: 2026-10-18. These requests need property-specific verification. Official research sources: City of Miami: How to Convert to a Short-Term Rental/Lodging: https://www.miami.gov/Permits-Construction/Short-Term-RentalLodging-Procedures City of Miami v. Airbnb, Inc., 260 So. 3d 478 (Fla. 3d DCA 2018): https://www.courtlistener.com/opinion/4570095/city-of-miami-v-airbnb/
Research and guide updates
- Research record: Research recorded for this market. Interpretation in original review. See the findings, open questions and official sources below.
- Guide tools: Added assignment prompts, a document request and consistent research questions. This tool update does not change the market research date.
Changes and uncertainty to verify
Zoning ban survived a split 2018 appellate ruling, but post-2018 enforcement and remand status are unconfirmed.
Still to confirm
- The original review describes an inference or a gap in the sale provision. Obtain the city’s written ownership-change procedure for the specific approval.
Sources and research limits
Carried forward from the October 18, 2026 city research. The explorer separates the operating permit from land-use rights; this is not a new verification of all current city rules.
Use this summary to identify the documents and questions for a property review. A seller's rental history alone does not establish a buyer's permission to operate.