Thinking about renting out a Surfside condo for steady income or short-term cash flow? The returns can be attractive, but the rules are layered and easy to miss. Between town ordinances, county requirements, Florida law, and your condo association’s bylaws, one overlooked detail can lead to fines, platform takedowns, or a stalled closing. In this guide, you’ll learn how Surfside’s rental rules work, what your association can control, how short-term rental obligations and taxes apply, and a step-by-step checklist to keep your investment compliant and protected. Let’s dive in.
How Surfside rental rules work
Surfside sits within Miami-Dade County, so your condo rental must follow town rules, county requirements, Florida statutes, and federal tax laws, plus the condo association’s governing documents. Each layer can change, so always confirm current language before you list or close.
Town of Surfside rules
Start with the town’s ordinances. Review any short-term rental definitions, minimum lease terms, registration or permit requirements, and rules on occupancy, parking, and noise. You can search the current code in the Town of Surfside Code of Ordinances. If Surfside requires a business tax receipt or registration for vacation rentals, you will need to secure it before advertising.
Miami-Dade County requirements
County rules can add separate obligations, such as inspections, occupancy limits, and enforcement procedures. Explore the Miami-Dade County Code of Ordinances to identify county-level requirements that affect rental units. Building safety and recertification have been a high priority across Miami-Dade, and certain rules may influence association decisions or your operating costs. For general background on local recertification, review the county’s page on recertification of buildings.
Florida state law
Florida statutes shape what associations can regulate and how tenancies operate. Key references include the Florida Condominium Act, Chapter 718 and the Florida Landlord-Tenant Act, Chapter 83. State law also governs sales and tourist tax on short-term accommodations and sets building code standards.
Federal tax and fair housing
At the federal level, you must report rental income and follow record-keeping rules. The IRS outlines deductions, depreciation, and vacation home rules in Publication 527. Fair Housing Act standards apply to advertising and tenant screening, so keep marketing and application criteria neutral and consistent.
What your condo association can require
Your association’s governing documents are the gatekeeper for rental activity. Read the declaration, bylaws, rules and regulations, and any lease addendum language. Pay close attention to:
- Minimum lease length. Many buildings prohibit rentals under a set threshold, such as 30, 60, or 90 days. Some fully disallow short-term stays.
- Rental caps or quotas. A building may limit the share of units that can be leased at any time. If the quota is full, you might wait months before you can rent.
- Approval process. Associations often require tenant applications, background checks, or board approval before move-in.
- Waiting periods. Some buildings require you to hold title for a period before renting your unit.
- Subletting and guest rules. Understand the difference between a guest and a tenant, and any restrictions on subleases.
- Lease clauses. Associations may require specific clauses, including tenant compliance with all condo rules and indemnity language.
- Insurance requirements. You may need landlord or short-term rental liability coverage, often naming the association as an additional insured.
- Fines and enforcement. Learn the building’s violation procedures, towing policies, and how fines accrue.
Financing, assessments, and building safety
Since 2021, building safety and financial reserves have been in the spotlight across Miami-Dade. Engineering reviews can lead to special assessments that affect cash flow. Rising association insurance premiums may also be passed through to owners. Before you purchase, request an estoppel letter and recent financials to check reserves, upcoming projects, and any pending litigation or assessments.
Short-term rentals in Surfside: key points
In most places, a short-term rental means any stay under a certain number of days. Surfside’s code may define STRs differently, so confirm how the town classifies transient rentals and what is allowed in your zoning district.
Registration, permits, and taxes
You may need a local business tax receipt or vacation rental registration to operate. For taxes, short-term accommodations are subject to Florida sales tax and county tourist development taxes. The Florida Department of Revenue explains transient rental obligations in its guidance on sales and use tax for rental accommodations. Some platforms collect and remit certain taxes, but you are still responsible for registration, accurate reporting, and any taxes that platforms do not cover. Keep copies of returns and payments.
Platform listings and compliance
If Surfside requires a permit or registration number, platforms may ask you to display it. Listings that miss required details can be deactivated or fined by the platform or municipality. Platform policies do not replace condo rules or local law, so secure all approvals before you go live.
Insurance and liability
Standard condo policies often do not cover guest-caused damage or STR liability. Work with your insurer on a landlord or STR policy that covers guest injuries, unit damage by guests, and loss of rental income if a covered event pauses operations. Your association may require specific limits and endorsements.
Safety features and building rules
Expect requirements for smoke alarms, carbon monoxide detectors where applicable, and clear egress. Some associations require in-unit safety inspections or certifications before approving a lease. Building recertification programs across Miami-Dade can also influence association policies and timelines.
Taxes, accounting, and financing
All rental income is taxable. You can generally deduct mortgage interest, property taxes, insurance, repairs, HOA dues, management fees, and depreciation. The IRS outlines how mixed personal use and services can change tax treatment in Publication 527. Keep detailed records for both income taxes and transient tax filings.
Lenders may scrutinize buildings with high rental percentages or unresolved structural issues. If you plan to finance, ask your lender about building eligibility early in the process and confirm any association documentation they will require.
Due diligence checklist for Surfside investors
Use this checklist before you write an offer, again before you list, and then as part of ongoing management.
Pre-purchase
- Obtain and read the condo declaration, bylaws, rules and regulations, and lease restrictions plus any amendments.
- Request an estoppel certificate listing outstanding assessments, fines, pending litigation, and rental restrictions.
- Confirm the Town of Surfside Code of Ordinances for short-term rental definitions, minimum lease terms, registration, and any business tax receipt requirements.
- Review the Miami-Dade County Code for county rules that affect rentals and building safety programs.
- Ask for recent association meeting minutes, budget, reserve study, and master insurance details.
- Confirm whether the building is current on structural inspections and recertification as guided by county programs.
- Build a revenue model using reliable rate and occupancy sources plus MLS rental comps.
- Speak with a local real estate attorney and CPA experienced with Florida condo rentals.
- Check lender acceptance and any bank disputes involving the association.
Post-purchase, before listing
- Secure any required town or county registrations and business tax receipts.
- Submit the lease and tenant application for association approval, and provide any required contact details.
- Bind the right policy for landlord or STR use and add the association as an additional insured if required.
- Set up tax collection and remittance for Florida sales tax and county tourist development taxes; verify any platform remittances.
- Confirm required safety features and install as needed.
- Prepare a tenant or guest packet summarizing association rules and building policies.
Ongoing management
- Monitor association meetings and votes since rental rules and assessments can change.
- Keep records for income taxes and transient tax filings.
- Track platform policy updates and town or county ordinance changes.
- Budget for potential special assessments and higher insurance costs.
Common pitfalls to avoid
- Skimming the condo documents. A single clause on minimum lease term or rental caps can make or break your plan. Read every page and every amendment.
- Assuming platforms handle all taxes. Some taxes may still be your responsibility. Verify what is collected and keep records.
- Listing before permits or approvals. Going live without the right registration or tenant approval can lead to fines or deactivation.
- Underestimating assessments and insurance. Post-inspection projects and rising premiums can shift your return profile.
- Ignoring federal tax rules. Vacation home use and service level can change how income is taxed and what you can deduct.
Investor takeaways for Surfside
If you want a Surfside condo that performs as an income asset, start with two questions: what does the town allow and what does the association allow. Then layer in Miami-Dade requirements, Florida statutes, taxes, and insurance. With the right product and clean compliance, you can reduce risk and protect your yield.
If you are evaluating buildings from Miami Beach to Bal Harbour and want a clear, condo-specific plan for leasing, permitting, and insurance, let’s talk. Schedule a private consultation with Patrick LeTourneau to align on buildings, rules, and returns.
FAQs
Do I need a permit to rent a Surfside condo?
- Surfside may require a business tax receipt or registration for short-term rentals; check the Town of Surfside Code of Ordinances and confirm current requirements before listing.
Are short-term rentals allowed in every Surfside condo?
- No; associations can restrict or prohibit short-term rentals through bylaws and rules subject to Florida law, so review the condo documents and any amendments before you buy.
What taxes apply to Surfside short-term rentals?
- Short stays generally trigger Florida sales tax and county tourist development taxes; see the Florida Department of Revenue guide to rental accommodations taxes and keep records for filings.
How do Miami-Dade building rules affect my rental plan?
- County building safety and recertification programs can influence association policies, timelines, and assessments; review county guidance on recertification of buildings and request association financials.
Which Florida laws govern condo rentals and evictions?
- The Florida Condominium Act (Chapter 718) governs association powers, and the Landlord-Tenant Act (Chapter 83) covers lease enforcement and evictions; consult both before drafting leases.
