Short-Term Rental Rules in South of Fifth

Thinking about buying or selling in South of Fifth and wondering if short stays are allowed? You are not alone. Short‑term rental rules in Miami Beach can be strict and layered, and the details matter at the building and city level. In this guide, you will learn what is legal in SoFi, the permits and taxes you need, how condo rules affect you, and a simple way to verify any address. Let’s dive in.

Short‑term rental basics in SoFi

Short‑term rentals are defined by the City of Miami Beach as stays of less than six months and one day. The city limits where these rentals are allowed and treats them as a specific use that requires permits. You can review definitions and the city’s verification tools on the Practice Safe Renting page for Miami Beach. Use the city’s resources to check a property.

Florida adds a separate layer. The state’s Department of Business and Professional Regulation (DBPR) requires a vacation rental license when a dwelling is rented in whole more than three times per year for less than 30 days, or if it is held out as regularly rented. See the DBPR’s vacation rental licensing guidance. If your SoFi property meets both the city and state tests, you must comply with both.

Where rentals are allowed

Miami Beach zoning controls whether a specific address in South of Fifth can host short stays. Many single‑family homes and certain multifamily zones prohibit short‑term rentals. The city maintains a Short‑Term Rental zoning map and an “Apartment Buildings Authorized for Short Term Rental” list. Start with the city’s Practice Safe Renting page to verify an address.

Condo or HOA rules are a separate gate. Even if the city allows short‑term rentals at an address, a building’s declaration or bylaws can limit or ban them. Florida law generally makes new condo rental restrictions apply prospectively, so recorded amendments and dates matter. You can review the statute on condominium amendments at Florida Statute 718.110.

Required permits and taxes

City of Miami Beach permits

• Certificate of Use (CU). You must obtain and renew a CU for the location. Check the city’s CU page for process and documents. Review the Certificate of Use details.
• Business Tax Receipt (BTR). Short‑term rentals need a city BTR. Miami Beach requires you to display the BTR number on every public listing. The city also requires a recent condo letter that confirms the unit is allowed for short‑term rental. See Miami Beach short‑term rental requirements.
• Resort Tax registration. Miami Beach imposes a resort tax on room rentals. You must register, file, and remit through the city’s portal, and display the resort tax account number in ads. Learn about Miami Beach resort tax and filing.

State of Florida licensing

• DBPR vacation rental license. If your property fits the state definition, get licensed in addition to city approvals. Confirm the DBPR rules and thresholds.

Taxes beyond the city

• State and county taxes. In addition to the city resort tax, state sales tax and Miami‑Dade County tourist development taxes may apply. Some platforms collect certain taxes, but you are responsible for proper registration and filings. For county rules and context, see Miami‑Dade County’s short‑term rental page.

How to verify a SoFi address

Follow these steps before you buy or list:

1. Check the address on the city’s Short‑Term Rental zoning map and the authorized buildings list. Use Miami Beach’s Practice Safe Renting tools.
2. Request a current, written letter from the condo or HOA stating the unit is allowed for short‑term rental and outlining any conditions. See the city’s condo letter requirement.
3. Review recorded condo documents and amendments for rental rules and dates, especially any changes after prior sales. For the amendment and grandfathering framework, read Florida Statute 718.110.
4. Confirm zoning and apply for the Certificate of Use if you plan to operate. Check the city’s CU guidance.
5. Verify building‑level requirements. Some associations must hold their own BTR or registrations before individual unit BTRs are issued. Review the city’s requirements.

Common pitfalls to avoid

• Advertising without city numbers. Miami Beach requires the BTR and resort tax numbers on all listings. Missing numbers can trigger enforcement.
• Relying on MLS remarks. A listing that says “short‑term allowed” is not a permit. Always verify with the city and the association documents.
• Confusing city and state thresholds. The city uses six months and one day for zoning. The state uses less than 30 days and more than three times per year for DBPR licensing. Many operators need both.
• Overlooking taxes. City resort tax is separate from state and county taxes. Filing deadlines differ by agency.

For sellers and investors

If you plan to market a unit with short‑term potential, gather documentation early. Buyers will ask for proof of any active CU, BTR, resort tax account, and DBPR license, plus a current condo letter and any code compliance history. Clear records help protect value and speed up due diligence.

Work with a local expert

South of Fifth is a luxury market with building‑by‑building rules. You deserve clear guidance and a careful plan. For help verifying an address, evaluating buildings that align with your goals, or preparing a sale with strong documentation, connect with Dianna Lantigua Realty Inc. Our concierge approach keeps your process smooth and discreet.

FAQs

Is Airbnb legal in South of Fifth?

• It can be, but only if the address is in a city‑authorized zone, the condo allows it, and you hold required city and state licenses and tax accounts.

Which comes first, city or state licensing?

• Handle both. City zoning and permits decide if you can operate in Miami Beach. If the state definition applies, you also need a DBPR license.

Can my condo stop short‑term rentals after I buy?

• Associations can adopt rental restrictions, but Florida law generally treats new limits as prospective. Check recorded documents and amendment dates.

How do I verify a listing quickly?

• Use Miami Beach’s Practice Safe Renting tools to check the address, then obtain a current condo letter confirming permission for the specific unit.

What numbers must appear in my ads?

• Miami Beach requires your city Business Tax Receipt and resort tax account numbers to be displayed on every public listing.