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Brickell Short-Term Rental Regulations: A 2026 Guide For Airbnb Hosts

Brickell short-term rental rules in 2026, including why the City of Miami makes you convert the unit to lodging, what it costs, and the 13% tax stack.

Brickell, Florida

Krótka odpowiedź: czy najem krótkoterminowy jest legalny w Brickell?

Yes, but only if your building lets you. Brickell sits in Miami's T6 urban core, where lodging can be permitted, so the City makes you convert the unit to a condo-hotel use. That needs your condo association's signature, a building permit, a state licence, a Certificate of Use and a Business Tax Receipt.

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Do you own a condo in Brickell and you're weighing whether to put it on Airbnb or Vrbo? Well, the good news is that Brickell sits in one of the few corners of the City of Miami where short-term lodging can be a permitted use at all, so the answer here isn't the flat no that most of the city's residential neighborhoods get. Brickell is a neighborhood of the City of Miami, inside Miami-Dade County, and it's the City's rules that decide this, not the county's.

Now for the catch, because it's a large one. Miami doesn't issue a host permit the way Nashville or Austin do. It makes you convert the unit itself into a lodging use, which means a building permit, a change of occupancy under the Florida Building Code, and two documents your condominium association has to sign before anything else can move. No association signature, no short-term rental, and plenty of Brickell associations won't sign.

So let's walk through what it actually takes to do this properly: which zoning Brickell falls under, the five approvals you need live at the same time, what each one costs, the 13% of tax riding on every booking, how hard the City pushes once someone reports you, and who to call when a step stalls. Every figure below comes from the City of Miami's, Miami-Dade County's or Florida's own pages, checked in July 2026.

What are Short-Term Rental (Airbnb, VRBO) Regulations in Brickell, Florida?

Those City pages are the right place to start, because Brickell has no rulebook of its own. It's a neighborhood, not a municipality, so what governs a Brickell tower is the City of Miami zoning code, Miami 21, adopted as Ordinance 13114.

Miami 21 sorts the whole city into transect zones, running from T3 suburban up to T6 urban core. Brickell's high-rises sit in that T6 band, which is where lodging becomes possible in the first place.

Within T6, though, a single letter decides everything. T6-R (restricted) permits a Bed & Breakfast or an Inn only by exception, and no hotels at all, whereas T6-L (limited) and T6-O (open) permit Bed & Breakfast, Inn and Hotel by right.

That letter changes from block to block along Brickell Avenue, and overlays and Special Area Plans can change it again. So before you spend a dollar, check the address on the City's GIS zoning map or pay for a Zoning Verification Letter. It isn't required, but the City recommends it, and it's cheaper than discovering the answer halfway through a permit review.

Once the zone works, then the City's definitions take over. Its short-term rental procedures page treats "Short-Term Rental/Lodging" as interchangeable with Apartment-Hotel and Condo-Hotel, the terms it borrowed from Planning Department Determination #2019-01. It defines transient as any unit rented more than three times a year for periods of less than 30 days.

Rent your Brickell condo four weekends a year, in other words, and you're transient.

What follows from that is a building code problem rather than a licensing one. Under the Florida Building Code, R-1 means transient occupancy and R-2 means a permanent dwelling, so your condo is currently R-2 and a hotel room is R-1. Converting one unit is manageable.

Push a building past 25% of its units in transient use, though, and the entire building has to comply with R-1 standards, which the City ties to Fla. Stat. 509.242 and FBC Interpretation No. 179. That threshold is why your neighbors' plans affect yours, and why associations get nervous.

You might reasonably ask how any of this survives Florida's famous preemption law. Fla. Stat. § 509.032(7)(b) does bar a local government from prohibiting vacation rentals or regulating their duration or frequency, yet it exempts anything adopted on or before June 1, 2011. Miami 21 took effect in 2010.

When Airbnb and a group of owners sued, the Third District Court of Appeal reversed the injunction against the City on December 5, 2018 in City of Miami v. Airbnb, No. 3D17-1213, holding they hadn't shown a likelihood of success on preemption. Miami 21 sits on the safe side of that date, which is the single reason this framework still stands.

The same litigation is why the City now says flatly that single-family homes and duplexes in T3 and T4-R are not eligible for short-term rental or lodging use. Brickell is neither of those, so that ruling helps you here rather than hurting you.

Starting a Short-Term Rental Business in Brickell

Being in the right transect zone gets you to the starting line, not through the door. The door is your condominium association, and it's guarded by two pieces of paper.

The first is the Short-Term Rental/Lodging Evaluation Form, which establishes how many units in your building have already converted and therefore whether the 25% threshold is in play. The City is blunt about it: the template may not be changed or altered in any way, including formatting, wording or layout, and it has to be signed by you and certified by the COA or HOA.

Alter it and the application gets rejected.

The second is the Operational Management Plan, again on the City's own template, again certified by your association. It covers lobby and front-desk operations, a 24-hour contact, guest access control and housekeeping. Zoning reviews it for approval, and while Zoning won't visit to check you're following it, Code Compliance may.

Read those two requirements together and the answer gets uncomfortable.

Unfortunately for a lot of people reading this, the decision was never yours to make. Your board's willingness to certify a hotel operation inside a residential tower is the whole ballgame, and boards in Brickell tend to be protective of exactly that.

Do check your declaration's dates before you assume the worst, though. Under Fla. Stat. § 718.110(13), an amendment that prohibits renting, alters the duration of the rental term, or limits how many times an owner may rent "applies only to unit owners who consent to the amendment and unit owners who acquire title to their units after the effective date of that amendment."

So buy before the ban, never consent, and the ban may not reach you. That's a lawyer's question rather than a blog's, yet it's worth asking, because a surprising number of Brickell owners have never checked.

Assuming your board is willing, the build itself still runs through the City's iBuild portal, where you apply for a building permit under the Job Category "Remodeling/Repairs" with "Commercial" as the property type, then pick a lodging category (1-10 units, 11-25, 26 or more, Apartment Hotel or Condo Hotel). Supporting documents upload separately to ProjectDox.

One detail catches people out. Your floor plan has to show the location of the registration desk or lobby, because you're designing a hotel now, not a home.

And when the answer is no?

The realistic pivot is the 30-plus-day furnished market, which sits outside this regime entirely and under ordinary landlord and tenant law instead. Before you commit either way, run the unit through BNBCalc and compare a nightly model against a monthly one, because that comparison is the one most Brickell owners skip. Our Florida statewide guide covers what changes once you leave Miami's city limits.

Short-Term Rental Licensing Requirement in Brickell

Say your board does sign. You still can't take a booking until five separate approvals are live at the same time, and the City lists them in a fixed order:

  • Certificate of Occupancy (CO) from the Building Department, issued after your conversion inspections pass.
  • DBPR lodging licence from the state, which the City requires a copy of before it will finalise anything.
  • Certificate of Use (CU) from the Zoning Department, for lodging units specifically.
  • Business Tax Receipt (BTR) from Code Compliance.
  • Any applicable Miami-Dade County approvals, routed through DERM.

The Certificate of Use is the one you'll interact with most, and it's also the one that expires fastest.

You apply online through MiamiBiz, and the City's CU page says someone will contact you within five business days to discuss the application before invoicing you for inspections. Keep in mind that you then have 90 working days from the application start to complete every inspection, or you start over and pay again.

On the money, City Code Sec. 2-207 sets a $50.00 application fee, credited toward your final fees, plus an inspection and service fee for Lodging as defined by Miami 21 of $313.00 for the first 12 units or fewer and $25.00 for each additional unit, as of July 2026. A temporary CU runs $250.00, with renewals at $50.00 each. And if a CU ever gets revoked, the same section charges $500.00 before a replacement is approved.

Renewal timing trips up owners who apply late in the year, so watch out for this one. A CU lasts only until the end of the fiscal year it was issued in, and that year runs October 1 to September 30. Get your CU in June and you're renewing it that October.

The renewal invoice has to be paid by September 30 to avoid late fees, and it covers your Fire Safety Permit at the same time. Sec. 2-207 also sets an annual inspection schedule from the moment the CU is issued, so the inspections don't stop after year one.

The Business Tax Receipt is the cheap part. Under City Code Sec. 31-50, a hotel or motel BTR costs $27.00 for up to ten rooms and $2.00 for each additional room, counting bedrooms only and not bathrooms, kitchens or closets. It renews annually, and it requires the DBPR licence to exist first.

The state licence sits on top of all of it. Florida requires a vacation rental licence from the DBPR Division of Hotels and Restaurants under Fla. Stat. § 509.241, and the division's lodging fee schedule puts a new single-unit licence at a $50 application fee plus $170 for a full year ($90 for a half year), with a $10 Hospitality Education Program fee on every licence. Two-to-25-unit licences are $180 for a full year.

Renewals run on a staggered annual schedule, and an address change has to be reported within 30 days.

Getting a CU isn't the end of the exposure either, because City Code Sec. 2-211 gives the zoning administrator a specific list of reasons to deny a renewal or revoke what you already hold:

  • Any outstanding city liens or invoices due and owing.
  • A material false statement in your application or supporting studies.
  • Failure to comply with the terms or conditions of the CU itself.
  • A conviction or guilty plea under Florida law or a county or city ordinance, where the violation came out of the CU's terms.
  • Running an activity at the premises that doesn't comply with zoning or another city ordinance.
  • Your BTR being denied, suspended or revoked, which makes the two approvals a matched pair.
  • An unsafe-structure determination, unless a Florida licensed engineer or architect certifies the building is safe for occupancy and updates that letter at least every 12 months.

Required Documents for Brickell Short-Term Rentals

Since a single missing document can put you back to the start of that 90-day clock, it's worth getting the file complete before you upload anything. The City's permit package for an existing Brickell condo asks for five things, and the two association-certified ones are the hard part rather than the paperwork.

  • The Operational Management Plan, on the City's template, signed by your COA or HOA. Lobby and front-desk operations, 24-hour contact, guest access control, housekeeping.
  • The Short-Term Rental/Lodging Evaluation Form, unaltered, signed by you and certified by the association. New construction skips this one; conversions never do.
  • Your current, active Certificate of Use. No active CU means no conversion. If the unit doesn't have one, the Building Department has to legalise the property first.
  • Your current, active Certificate of Occupancy, pulled from iBuild or collected in person from the permit counter on the Building Department's 4th floor.
  • A Data Sheet, required only for existing construction, with a floor plan showing where the registration desk or lobby sits.

Two more sit outside that upload. Your DBPR licence has to exist before Zoning will finalise the new Certificate of Use, and under City Code Sec. 31-94 every annual BTR or CU application has to include a crime mitigation plan approved by the chief of police.

That section deserves its own space, because most guides skip it and it applies squarely to you. Sec. 31-94, adopted as Ordinance No. 14014 on July 22, 2021, reaches "hotels, motels, inns, bed and breakfasts, and all other lodging uses" under Miami 21, "regardless of size and number of units". A converted Brickell condo is a lodging use, so these standards land on it:

  • Government photo identification at registration, and no rentals to anyone under 18.
  • A guest log kept on the premises for two calendar years, open to the Miami Police Department.
  • CCTV covering entrances, the check-in desk, breezeways and parking, at a minimum of 1080 HD and 15 frames per second, with 30 days of storage and posted warning notices.
  • Annual human trafficking awareness training, plus the state-mandated awareness sign carrying the Miami-Dade State Attorney's hotline at 305-FIX-STOP.
  • A minimum stay of four consecutive hours, and a cap of six rentals per room in any 24 hours.

Then there's subsection (b)(13), which asks for at least one full-time security guard or off-duty certified law enforcement officer patrolling the premises from 9:00 p.m. to 5:00 a.m., seven days a week. In a tower already staffed around the clock that's arguably covered.

In a smaller building it's a line item nobody models. I'd raise it with the City before you budget the conversion, since how the requirement applies to a handful of units inside a residential condominium isn't spelled out on the page.

Brickell Short-Term Rental Taxes

Assuming you make it through all of that and are able to start hosting, there's still tax to deal with, and it stacks five layers deep. Two of them belong to Tallahassee and three to Miami-Dade County, which matters because they're filed in different places on different schedules.

ChargeRateCollected by
Florida sales tax on transient rentals6%Florida Department of Revenue
Miami-Dade discretionary sales surtax1%Florida Department of Revenue
Convention Development Tax3%Miami-Dade County (RER Business Section)
Tourist Development Room Tax2%Miami-Dade County (RER Business Section)
Professional Sports Franchise Facility Tax1%Miami-Dade County (RER Business Section)
Total on a Brickell stay13%Split between the two

The county's own Tourist and Restaurant Taxes page sets out those three local charges. The Department of Revenue's DR-15TDT rate table then confirms the combined local option transient rental tax at 6.0% for Miami-Dade outside Surfside, Bal Harbour and Miami Beach, collected by the county rather than by the state.

Brickell sits in that 6% band. The separate 1% surtax comes from the Department of Revenue's DR-15DSS surtax table, which lists Miami-Dade at 1%.

Who collects what is where hosts get caught. Airbnb's occupancy tax page says it collects and remits all three Miami-Dade charges on reservations of 182 nights or shorter. It then adds that hosts "are responsible for assessing all other tax obligations, including state and city jurisdictions."

Florida's marketplace-provider rule under § 212.05965 puts the 6% state tax on qualifying platforms, and Airbnb operates under that arrangement. I couldn't verify Vrbo's collection on a primary source, though, so confirm it listing by listing rather than assuming.

Collection on the county side moved house recently, which is the detail most older guides still get wrong. Since October 1, 2024, the Miami-Dade Department of Regulatory and Economic Resources (RER) Business Section collects these taxes instead of the Tax Collector. Returns are filed monthly through TouristExpress, due by the 20th of the following month, and you file even in a month with no bookings. Filing on time through TouristExpress earns a collection allowance of up to $30. Paper returns are no longer accepted.

Remember that the platform collecting on your behalf doesn't move the liability. The county's Tourist Tax Account Registration Form states that regardless of who represents the owner, the owner remains liable, and that if RER can't collect, a warrant issues and becomes a lien against the property until it's satisfied. That's a lien on a Brickell condo over a few hundred dollars of unfiled tax, which is a bad trade.

The one bit of relief is federal. Florida imposes no personal income tax, so your rental profit goes on your federal return and stops there.

Florida Wide Short-Term Rental Rules

Two of those five tax layers came from the state, and so does the licence, so it's worth seeing how much of the framework above Miami actually sits in Tallahassee.

The load-bearing piece is Fla. Stat. § 509.032(7)(b), which says a local law "may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals." Read alone, that sounds like it should have wiped out Miami's regime years ago. The next clause is what saves it: local laws adopted on or before June 1, 2011 are untouched, and cities may keep enforcing them.

Miami 21 is a 2010 code, so Miami kept its zoning authority while cities that legislated later mostly lost theirs. Everything outside the ban-and-frequency axis, meaning ordinary zoning, life-safety, noise and building codes, was never preempted at all.

Licensing is genuinely statewide. Fla. Stat. § 509.242 defines a vacation rental as a condominium or cooperative unit, or a single-family through four-family dwelling, that also counts as a transient public lodging establishment, and DBPR issues the licence in two classes, Vacation Rental Condo and Vacation Rental Dwelling.

The test for whether you need one was rewritten last year. Chapter 2025-113 (SB 606), signed June 2, 2025 and effective July 1, 2025, redefined transient as rented more than three times in a calendar year for periods of less than 30 consecutive days, counted in consecutive days rather than calendar months. It also dropped the old presumption based on what the operator said they intended.

Note that this is word for word the definition the City of Miami now uses on its own page, so the city and state tests finally agree.

Two things did not happen, and both matter if you've read older coverage. Florida still has no statewide short-term rental registry: the 2024 package that would have created one, plus an advertising-platform framework, was passed and then vetoed on June 27, 2024, and nothing equivalent has been refiled since.

The 2026 water-safety bills went the same way. They would have forced vacation rentals within 150 feet of a pool to install safety features and certify compliance at licensure, but SB 658 and HB 79 both died on March 13, 2026. Neither is law, so don't plan around either one.

How different this looks elsewhere in Florida is genuinely striking. Counties that legislated before the 2011 cutoff kept real power, and counties that didn't have very little, which is why our Collier County guide and Osceola County guide read almost nothing like this one.

Does Brickell Strictly Enforce STR Rules?

State law sets the ceiling. What the City does underneath it is where the risk actually lives, and Miami's approach is complaint-driven with fines that compound daily.

Start with the cheap end. Under the City's schedule of civil penalties in Sec. 2-829, operating with no certificate of use carries a $525.00 civil penalty, and working without a permit carries the same. Anything not specifically listed anywhere in that schedule defaults to $262.50.

On their own, those are parking-ticket numbers.

The expensive end is Sec. 31-94, and it's the one to take seriously. A lodging use that violates it faces $1,000 per diem for a first violation, $2,500 per diem for a second, and $5,000 per diem for a third and any after that. Fines run up to $15,000 where a code enforcement board or special magistrate finds the violation irreparable or irreversible.

Per diem is the word doing the damage there. That's not a one-time ticket. It accrues for every day the condition continues, and it's how a quiet summer of unpermitted bookings turns into a five-figure lien.

The City can also come at it from several directions at once, since Sec. 31-94 lists its remedies as cumulative: court action, revocation of the BTR, the same against the CU under Chapter 2, nuisance abatement proceedings, and the Florida Contraband Forfeiture Act.

Losing the CU is the quiet killer, because Sec. 2-207 then charges $500.00 before you can get a replacement, and Sec. 2-211 lets the zoning administrator refuse one anyway.

In practice, though, the City rarely finds you first. Your neighbors do. Miami routes illegal short-term rental reports through 311 and its Report an Illegal Residential Use or Unit channel, and a Brickell tower comes with a front desk, a valet line, security cameras and a lot of residents who notice roller bags. The City also warns that Code Enforcement and Fire Prevention may conduct unannounced site visits, and Sec. 31-94 requires you to allow fire-rescue and building inspections at every annual BTR or CU renewal.

Be aware that your association is the more likely enforcer regardless, since it can act on its own documents without waiting for the City at all.

One honest limitation: the City of Miami publishes no registry of licensed short-term rentals and no enforcement statistics I could find, so nobody outside the department can say how many Brickell units hold a lodging CU or how many cases are open. Treat the absence of visible enforcement as an absence of data rather than as permission.

How to Start a Short-Term Rental Business in Brickell

Given how those fines stack, the order you work through this in matters more than it looks, because the first two steps tell you whether the remaining seven are worth attempting.

  1. Ask your association before anything else. You need the COA or HOA to certify both the Evaluation Form and the Operational Management Plan. A no here ends it, and finding out on day one costs you nothing.
  2. Check the transect zone for your exact address on the City's GIS zoning map, and consider a Zoning Verification Letter. T6-L and T6-O permit lodging by right; T6-R needs an exception. Watch for overlay zones and Special Area Plans.
  3. Find out how many units in your building have already converted. Past 25% and the whole building has to meet R-1 standards, which changes your board's answer and your budget.
  4. Pull your current CO and CU. Both have to be active and both get uploaded. No active CU means a trip to the Building Department to legalise the unit first.
  5. Apply for the building permit in iBuild under Remodeling/Repairs, Commercial, and the right lodging category, then upload the OMP, Evaluation Form, Data Sheet, CU and CO to ProjectDox.
  6. Get through plan review and inspections, including the Fire review. Don't forget that the City recommends its Common Life Safety Checklist before you submit, since smoke and CO detectors, extinguishers and egress all get looked at.
  7. Request the new Certificate of Occupancy, then apply for the DBPR lodging licence, since Zoning needs a copy of that licence to finalise your CU.
  8. Apply for the new Certificate of Use and the Business Tax Receipt, budgeting $50 plus $313 on the CU side and $27 plus $2 a room on the BTR side, and finish every inspection inside 90 working days.
  9. Register for tax before your first guest. Open a Florida Department of Revenue sales tax account and a Miami-Dade tourist tax account with the RER Business Section, then file monthly through TouristExpress by the 20th.

Somewhere between steps two and three is the right moment to check whether the numbers still work, since a conversion is a real capital project rather than a listing fee. The Miami market page shows what nightly rates and occupancy look like across the city, and comparing that against a 12-month furnished lease is the calculation that decides most Brickell units.

Who to Contact in Brickell about Short-Term Rental Regulations and Zoning?

Every one of those steps has an office behind it, and knowing which one owns your question saves a genuinely irritating amount of time.

The City of Miami

The Building Department runs the conversion process and has a dedicated short-term rental inbox, which is the single best first contact.

  • Email: [email protected]
  • Phone: (305) 416-1100
  • Address: Miami Riverside Center (MRC), 444 SW 2nd Ave, Miami, FL 33130

The Zoning Department owns transect questions, Zoning Verification Letters and the Certificate of Use itself, and its number is listed on the City's CU page as (305) 416-1600. Fire Prevention handles the fire inspection side at [email protected], and if you haven't heard back on a fire inspection within five working days, that's the address to escalate to. For anything general, including reporting an illegal short-term rental, dial 311 or 305-468-5900.

Miami-Dade County

Two county touchpoints matter. Your Certificate of Use application gets reviewed by the Division of Environmental Resources Management (DERM), which you reach by emailing your completed application to [email protected], after which DERM contacts you directly.

Tourist taxes go to the RER Business Section:

  • Address: 11805 SW 26th Street, Suite 230, Miami, FL 33175
  • Phone: 305-375-5550
  • Fax: 305-375-5594
  • Email: [email protected]

One clarification worth having, since it confuses a lot of Brickell owners: Miami-Dade's own residential short-term vacation rental program, with its county Certificate of Use and its 2-per-bedroom-plus-2 occupancy cap, applies in unincorporated Miami-Dade. The county page tells people inside a municipality to contact their city. Brickell is inside the City of Miami, so that program isn't your path.

The State of Florida

DBPR issues the lodging licence, and its Customer Contact Center is on 850-487-1395 at 2601 Blair Stone Road, Tallahassee, FL 32399. Sales tax registration runs through the Florida Department of Revenue, separately from anything the county or city asks for.

What Do Airbnb Hosts in Brickell Think about Local Regulations?

Call any of those numbers and you'll get the official line. What owners say among themselves is a different register, and what follows is my read of the recurring themes rather than any kind of survey, so weigh it accordingly.

  • The confusion is almost always jurisdictional. Owners read that Miami-Dade County allows vacation rentals with a Certificate of Use, apply that to a Brickell address, and only later discover the county program stops at the city line. It's the single most common mistake I see repeated in Miami short-term rental discussion.
  • Nobody argues about the zoning; they argue about the board. Because Brickell is T6 rather than T3, the legal fight that consumed Miami's single-family neighborhoods barely touches it. What replaces it is a governance fight inside each tower, building by building, which is far less visible from outside and far harder to research before you buy.
  • A handful of buildings market themselves on it, and they trade at a premium. Owners who bought into a tower that already runs a lodging operation describe the process as administrative rather than adversarial. Owners in a conventional residential tower describe it as impossible. Both are describing the same ordinance.
  • Sec. 31-94 surprises everybody. The CCTV specification, the two-year guest log and the overnight security patrol were written with roadside motels in mind, and hosts consistently report not knowing they applied to a condo until a CU renewal raised them.

Take that last one seriously if you're modelling a small conversion, because compliance costs there aren't proportional to the number of units you're operating.

Frequently Asked Questions

Can you legally run an Airbnb in Brickell in 2026?

Yes, subject to two gates that stop most owners. Brickell sits in the City of Miami's T6 urban core, where lodging can be a permitted use, so the zoning allows it in T6-L and T6-O and by exception in T6-R. The City then requires you to convert the unit to an Apartment-Hotel or Condo-Hotel use through a building permit, which needs your condominium association to certify both the Operational Management Plan and the Short-Term Rental/Lodging Evaluation Form. Without the association's signature, there's no legal path.

What does a short-term rental licence cost in Brickell?

The Certificate of Use costs a $50.00 application fee plus $313.00 for the first 12 lodging units or fewer, with $25.00 for each additional unit, under City of Miami Code Sec. 2-207. The Business Tax Receipt is $27.00 for up to ten rooms plus $2.00 per additional room. A Florida DBPR vacation rental licence adds a $50 application fee, $170 for a full year on a single unit, and a $10 Hospitality Education Program fee. Building permit and inspection costs sit on top of those.

How much tax do you pay on a short-term rental in Brickell?

13% in total. Florida charges 6% state sales tax on transient rentals plus a 1% Miami-Dade discretionary sales surtax, both remitted to the Florida Department of Revenue. Miami-Dade County adds 6% of its own: a 3% Convention Development Tax, a 2% Tourist Development Room Tax and a 1% Professional Sports Franchise Facility Tax, all filed monthly through TouristExpress with the county's RER Business Section by the 20th. Airbnb collects and remits the three county charges.

What happens if you rent a Brickell condo on Airbnb without approval?

Operating without a Certificate of Use draws a $525.00 civil penalty under City of Miami Code Sec. 2-829, but the larger exposure is Sec. 31-94, which sets fines of $1,000 per day for a first violation, $2,500 per day for a second and $5,000 per day for a third, with up to $15,000 where a violation is found irreparable. The City can also revoke the Certificate of Use and the Business Tax Receipt. Separately, your condominium association can enforce its own documents without involving the City at all.

Does Florida's state preemption law override Miami's short-term rental rules?

No, because of a date. Fla. Stat. § 509.032(7)(b) stops local governments from banning vacation rentals or regulating their duration or frequency, but it exempts local laws adopted on or before June 1, 2011. Miami 21 took effect in 2010, and Florida's Third District Court of Appeal reversed an injunction against the City on that basis in City of Miami v. Airbnb, decided December 5, 2018.

Regulation like this rarely decides whether a market is good. It decides who gets to operate in it, and the answer is usually whoever did the boring work of reading their own building's documents first.

Last verified: July 2026. Every ordinance, tax rate, state law, and contact detail in this guide links to or comes from its official source.

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Disclaimer: This article is for informational purposes only and not legal advice. Regulations could have changed since this article was published. Check local zoning authorities and consult a legal professional before making any decisions.

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