Why Florida Landlords Must Take Code Violations Seriously

When you own rental property, it’s not just the tenants you have to manage—it’s also the laws and regulations that govern property maintenance and usage. Municipal code violations can expose landlords to hefty fines, legal battles, and even damage to their professional reputation. A recent Florida case, 3605 Gulf Dr, LLC v. City of Holmes Beach, serves as a cautionary tale: landlords who ignore code enforcement notices, delay action, or fail to present evidence risk losing their cases, even when they believe they are in the right. To protect your investment, landlords must act quickly, seek legal advice, and enforce lease provisions when tenant conduct causes violations. This article explains the essential steps landlords should take when they receive notice of a code violation—and why immediate, informed action is critical.

Key Lessons from 3605 Gulf Dr v. City of Holmes Beach

Facts: What Happened in This Florida Code Violation Case?

• 3605 Gulf Dr, LLC (“Owner”) was cited by the City of Holmes Beach for violating a municipal ordinance requiring a minimum 7-night stay for rental properties.
• The City issued multiple Notices of Violation and provided notice of a hearing by certified mail, direct delivery to Owner’s office, and posting at the property.
• Despite having over a year of notice, the Owner waited until the morning of the hearing to request a continuance, claiming it needed more time to gather evidence of “grandfathered” rights allowing shorter stays.
• The City presented evidence including inspector testimony, photographs, and online advertisements showing rental terms less than seven nights.
• The Owner presented no evidence at the hearing.

Court’s Ruling: Why the Landlord Lost – And What You Can Learn

• The Court affirmed the City’s Final Administrative Order, holding that the Owner was not deprived of procedural due process because it received adequate notice and had an opportunity to be heard.
• The denial of the Owner’s last-minute continuance request was appropriate, as the Owner was aware of the violations well in advance.
• The City’s evidence (testimony, photographs, online listings) was found to be competent, substantial evidence supporting the finding of a violation.
• The Owner’s appeal was denied, and the City’s enforcement action was affirmed.

5 Steps to Fight Rental Property Code Violations

Owning rental property carries not just the promise of income, but also the legal responsibility to comply with city and county codes. Code violations can lead to costly fines, forced repairs, or even litigation. The recent case of 3605 Gulf Dr, LLC v. City of Holmes Beach highlights critical lessons for landlords: act promptly, seek legal advice, and hold tenants accountable when they are responsible.

Here’s how you can protect yourself if you receive notice of a code violation:

1. Don’t Delay: First 48-Hour Response Checklist

As soon as you receive a code violation notice, do not delay. Carefully read the notice to understand:

• The nature of the violation,
• The deadlines to correct the issue,
• Your hearing or appeal rights.

In 3605 Gulf Dr, the owner delayed acting on the notice and only requested a continuance the morning of the hearing—an argument the court rejected. Delay can forfeit your right to mount an effective defense.

Tip: Document your response steps, including any repairs or corrective actions you take.

2. When to Hire a Florida Landlord Attorney

Land use laws and municipal codes are technical and can vary significantly between cities. An experienced landlord attorney can:

• Evaluate whether the alleged violation is legitimate,
• Help you gather proper evidence,
• Represent you in hearings or appeals.

In the case reviewed, the owner claimed “grandfathered” use rights but failed to present timely evidence. A knowledgeable attorney would have helped prepare a strong defense before the hearing rather than scrambling at the last minute.

3. How to Hold Tenants Accountable for Violations

Many code violations stem from tenant actions: improper subleasing, short-term rental violations, property damage, or illegal activities. Your lease should:

• Prohibit illegal conduct and unauthorized occupancy,
• Require compliance with all laws and ordinances,
• Allow you to evict or seek damages if the tenant causes violations.

If tenant behavior triggered the code violation, you may have grounds to terminate the lease or recover costs. However, enforcement must be prompt and according to legal process.

4. Must-Have Evidence to Beat Code Violations

If you contest the violation, you must have evidence ready to present. This may include:

• Correspondence with tenants,
• Lease agreements showing lawful occupancy terms,
• Photographs, inspection reports, or witness statements.

You cannot simply argue your case without proof. In 3605 Gulf Dr, the City’s photographic and testimonial evidence won the day because the owner presented none.

5. Navigating Florida Code Enforcement Hearings

You are entitled to notice and a fair hearing—but courts expect you to act diligently. Waiting until the last minute, failing to prepare, or assuming you’ll get a continuance usually leads to losing the case, as seen here.

Tip: Always confirm deadlines and hearing dates as soon as you receive a notice. Never assume they will be postponed.

Protect Your Rental Business from Costly Fines

Handling a code violation is a critical landlord duty that demands speed, preparation, and smart legal strategy. Acting promptly, enforcing tenant responsibilities, and securing capable legal counsel will protect your property, your reputation, and your bottom line.