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Are there regulations pertaining to vacation rentals (Airbnb, HomeAway, etc.) in Miami-Dade County?
Yes, the Board of County Commissioner adopted regulations for vacation rentals that are applicable to properties located within the unincorporated area (folios/property numbers beginning with 30) only. Ordinance No. 17-78 was adopted on October 17, 2017 and it goes in effect on January 18, 2018. The adopted ordinance created Section 33-28 of Chapter 33 of the Code of Miami-Dade County.
What happens if my property is within a municipality?
You must contact the respective municipality.
What are the definitions of the main terms used in the County regulations?
What is required for me to be able to operate a vacation rental (like Airbnb, HomeAway, etc.)
No short term vacation rental of any property in whole or in part within the unincorporated area of the Miami-Dade County shall be allowed without the issuance of a Certificate of Use issued by the Miami-Dade Department of Regulatory and Economic Resources (RER).
How may I obtain a Certificate of Use for a vacation rental?
A vacation rental Certificate of Use may be obtained upon completion of an application filed online at https://www8.miamidade.gov/Apps/RER/CUVacationRentals/ or in person at the Miami-Dade County Permitting and Inspection Center located at 11805 SW 26th Street. One Certificate of Use for each property is required.
What is the duration of the Certificate of Use?
The Certificate of Use is valid for a year and it shall be renewed annually subject to meeting all requirements pursuant to Section 33-28 of Chapter 33 of the Miami-Dade County Code. A Certificate of Use may not be renewed if there are any outstanding fines or liens for violations of this code.
What is the cost of a Certificate of Use?
The cost is $136.17 for the Certificate of Use and required inspection.
How do I reschedule an inspection?
To reschedule an inspection, please contact Zoning Permits Section at (786) 315-2660.
Where are vacation rentals allowed in unincorporated Miami-Dade?
In unincorporated Miami-Dade, vacation rentals are allowed in areas designated Residential Communities, Business and Office and Office Residential in the County’s Comprehensive Development Master Plan Land Use Plan Map (CDMP) (CDMP Map). However, in areas designated Estate or Low Density Residential in the CDMP, the Responsible Party shall comply with the residency requirement.
What is the Responsible Party residency requirement?
The County regulations require that the Responsible Party reside for more than six months per calendar year in the property being offered as a vacation rental. The rental of the property may occur at the same time that the Responsible Party is residing there. This applies to properties designated as Estate or Low Density Residential on the CDMP Land Use Plan Map only. There are no residency restrictions in the other land use categories.
Am I required to notify the homeowners association, if there is one?
Yes, the ordinance requires attestation that a notification be sent to the homeowner’s association or condominium/cooperative association or board advising that the property will be used as a vacation rental.
What type of licensing, documentation, or insurance is required in order to obtain a Certificate of Use?
The Certificate of Use requires attestation of the following:
How would the vacation rental practice impact my Homestead Exemption?
If homesteaded, and the property is being used for a vacation rental, you may no longer be eligible for the Homestead Exemption and the Save Our Homes cap. Please visit the Miami-Dade Property Appraiser’s Site or read the pamphlet at the following link: http://www.miamidade.gov/pa/library/important-message-flyer.pdf.
Is the Responsible Party required to maintain a register of guests?
Yes, the County regulations require that a Responsible Party keep a register with names and dates of stay of all guests, including but not limited to transient occupants and their invitees.
What is the maximum occupancy allowed?
Up to two persons per bedroom, plus two additional persons per property, but no greater than a maximum of 12 persons, excluding children under 3.
Are there restrictions in parking?
Yes, all parking must comply with the parking standards of Section 33-124 of Chapter 33 of the Code of Miami-Dade County. 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 directly in front of the property during the rental period.
Are there restrictions on noise and other nuisances?
Yes, all occupants shall abide by all applicable state and local nuisance laws which prohibits unreasonable loud, excessive, or unnecessary noise; or the unlawful sale or delivery of controlled substances; prostitution; youth and street gang activity; gambling; illegal sale or consumption of alcoholic beverages; or lewd and lascivious behavior that adversely affects public health, safety, morals and welfare.
What happens if I operate a vacation rental without a Certificate of Use?
Operating a vacation rental without a Certificate of Use is a violation of the County Code and the civil penalty schedule is as follows:
1st Offense = $100.
2nd Offense within 24 months of 1st offense = $1,000.
3rd Offense within 24 months of most recent of the preceding offenses as well as subsequent offenses = $2,500.
Are there other violations in connection with a vacation rental penalized?
Yes, all violations to the standards provided in the regulations as well as other provisions of the County Code are subject to the civil penalties schedule provided in Chapter 8CC of the Code.