Litigation and Restructuring Lawyers

Call Us:305.722.2002

3rd DCA Affirms Spuches victory against Miami Beach

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 3rd 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/

Miami Office
55 Alhambra Plaza
Suite 800
Coral Gables, Florida 33134
305-722-2002
sacosta@agentislaw.com

Naples Office
9128 Strada Place,
Suite 10115
Naples, FL 34108

Agentis Law © 2020 All rights reserved.