Miami Beach has fought the nightly rental longer and harder than almost any American city. Rentals of less than six months and a day are banned in every single-family house and in many apartment buildings; the city publishes a list of 434 buildings where they are allowed, and a legal operator must show a business tax receipt and a resort tax number in every advertisement.
In 2016 the commission raised the first-offense fine to $20,000, rising by $20,000 a violation to $100,000. A homeowner, Natalie Nichols, sued. In October 2019 a circuit judge ruled the fines illegal because state law caps municipal penalties at $1,000 a day for a first violation and $5,000 for a repeat; the city said it would appeal, and the Third District Court of Appeal affirmed the ruling on July 22, 2020. The ban survived. The size of the stick did not. The city’s current fine schedule was not confirmed for this article.
The mainland went the other way. In February 2024, 26 projects with 8,467 units designed for short-term rental were planned in Downtown, Brickell, Edgewater, and Miami Beach, 55.6% of the condominium pipeline there, and only four of the projects were on the beach, Bisnow reported. These are small furnished units sold largely to buyers abroad. Across the three South Florida counties, the analyst Peter Zalewski counted nearly 70,000 short-term rental properties in AirDNA data in July 2025. AirDNA’s own page showed 1,521 active listings in Miami Beach on October 4, 2026, almost all of them entire homes, a figure that moved too sharply in a year to lean on. Single source The City of Miami requires a certificate of use and restricts rentals in low-density zones; the detail could not be confirmed on an official page.
The Vacancy Question
The best public measure is the Census category of homes held vacant for “seasonal, recreational or occasional use.” On that count Miami Beach has 13,817 such units, 22% of its housing stock and the second-largest total of any place in the country, according to the Miami Association of Realtors’ vacation-home report, published in March 2026 from the 2024 American Community Survey. Surfside is at 39%, Aventura 31%, Sunny Isles Beach 29%, Key Biscayne 50%. Three-quarters of 2025 sales in those markets were all cash.
The buyers are well documented. Foreign purchasers took 52% of South Florida new-construction and pre-construction sales over 22 months, led by Colombia, Mexico, Argentina, and Brazil, the association reported in November 2025. Countywide, 42.8% of February 2026 sales were cash, against 31% nationally, by the association’s monthly release.
Whether this produces dead blocks is harder to prove. The data shows that about one Miami Beach home in five is someone’s occasional address, and that the share is higher in the newest oceanfront towns. It does not show which buildings are dark, how many nights a seasonal unit is used, or how many units are held through companies; no public count of corporate ownership was found. The honest reading is that Miami Beach has lost residents, 1.6% of its population between 2020 and 2025 by Census estimate, while adding expensive housing, and that the two facts are compatible with the complaint. One broker offered Bisnow the counterargument: small investor units may end up as ordinary long-term homes.