Florida’s Third District Court of Appeal affirmed a ruling won by Christopher Spuches for a Miami Beach property owner whose utilities had been shut down over a dispute on the city’s actions to restrict short-term rentals, imposing fines exceeding $200,000.

“We’re very happy that the homeowner had their utilities restored,” Spuches said. “But also that future homeowners don’t have to be abused by the City of Miami Beach in this manner anymore.”

Spuches argued the property became uninhabitable when the city shut off its water and sewer services.   The city’s action came after it alleged the property owner had not paid fines for operating an Airbnb rental on its property.

The property owner is planning to ask the court for a damage award in the six-figure range for lost income, plus attorney’s fees and compensation for damages to the home while the utilities were shut down.

The 3^rd DCA opinion can be found at:

https://www.3dca.flcourts.org/content/download/640330/7276445/file/190982_DC05_07152020_104925_i.pdf

For additional information see the Daily Business Review:

https://www.law.com/dailybusinessreview/2020/07/15/court-sides-with-homeowners-in-miami-beach-dispute-over-short-term-rentals/