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Samuel-II
Samuel-II, Lawyer
Category: Real Estate Law
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Experience:  real estate law
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In the city of North Miami Beach, FL is a property owner

Customer Question

In the city of North Miami Beach, FL is a property owner allowed to do short term rentals in apartments (not houses)?
To possibly help find the answer I found the municode code here:
https://www.municode.com/library/fl/north_miami_beach/codes/code_of_ordinances
However, I am a laymen so please don't rely on only my source.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Samuel-II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

So you are referring to Dwelling, multifamily: A building containing three (3) or more dwelling units, including but not limited to those of an apartment, condominium, cooperative, rooming house or adult congregate living nature - when you are referring to "apartments"?

Expert:  Samuel-II replied 1 year ago.

Or are you referring to Motel: A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily, weekly, or monthly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six (6) rental units, and which is recognized as a motel in the community in which it is situated or by the industry.

Expert:  Samuel-II replied 1 year ago.

Or there is also Public lodging establishment: A hotel, motel, resort condominium, nontransient apartment, transient apartment, rooming house, bed and breakfast inn, or resort dwelling offering to the public or to members of an organization rooms, suites, apartments, or single-family dwellings for rent or lease for time periods less than three (3) months, and which may require licensing from an agency of the State of Florida.

Customer: replied 1 year ago.

It is a HOA with 73 units. I own 5 of them (condos/apartments). There are renters and owners. It is not a motel or a designated public lodging establishment. It is considered a multifamily by definition.

Expert:  Samuel-II replied 1 year ago.

Thank you

The Municipal code does not address the short term rental of apartments. I suggest that in the absence of any prohibition that it is not against the law. However, you should consult with your Director of Community Development to ensure that such short term rentals do not require a special type of permit/license or taxing authority.

Here are the links to the codes that pertain to apartment rentals

LINK for 14-12.1 Rental Building, Inspection and Permitting.

and LINK for Sec. 24-90.1 - Short-Term Rentals in Residential Zoning Districts.

Sec. 24-90.1 - Short-Term Rentals in Residential Zoning Districts.

(A)

It shall be unlawful for the owner of one (1) or more single-family dwelling units, including town houses but excluding mobile homes in the MH-1 Zoning District, to rent or lease a dwelling to another person(s) more than three (3) times in a twelve-month period for a period of three (3) months or less. The lease or rental of a single-family residential dwelling, including town houses, more than three (3) times within a twelve-month period shall create a presumption that the owner is acting in violation of this section.

(B)

This section shall not apply to duly licensed group homes listed in the zoning district regulations as either permitted or conditional uses.