Estrella v. Key Biscayne (2025): A Major Win for Property Rights
The recent case, Estrella v. Village of Key Biscayne, 2025-6-AP-01 (Miami-Dade Cnty. September 5, 2025), offers insightful guidance for Florida landlords who find themselves fighting code enforcement, zoning restrictions, municipal pressure, or complaints over uses that have existed on their properties for years—sometimes decades.
8 Critical Lessons for Landlords Fighting Code Enforcement
Below are comprehensive explanations of each lesson with practical examples.
1. Vested Rights Explained: When Long-Standing Uses Become Legally Protected
In Florida, when a property owner has used land in a particular way before a new zoning or land-use restriction takes effect, that use becomes a lawful nonconforming use. It is a protected property right. The government may prohibit new owners from adopting that use, but it cannot eliminate your established use unless you voluntarily abandon it.
In Estrella, the owner had docked oversized boats since the 1990s. When the Village later enacted a restriction on boat size in 2011, the restriction could not retroactively apply to him.
Examples for Landlords
- Short-term Rentals (STRs): A landlord has rented a beach property as a weekly vacation rental since 2005. In 2020, the city bans STRs in the zone.
- Converted Duplex: A single-family home was divided into two units in 1978. In 2010, zoning changed to prohibit multifamily in that neighborhood.
- Commercial Parking Area: A warehouse has long used an adjacent lot for overflow commercial parking since the 1980s. A new ordinance prohibits commercial parking there.
- Accessory Structure: A garage apartment built in the 1970s becomes noncompliant under modern setback requirements.
2. Abandonment Requires Intent: Why Temporary Vacancies Don’t Destroy Grandfathered Rights
Florida courts are clear: abandonment requires intent. A temporary disruption does not extinguish the right if the owner did not voluntarily decide to stop the use. In Estrella, the years-long break caused by theft, vandalism, and insurance delays was not voluntary. Many landlords have long vacancies, insurance repairs, mold remediation, fire repairs, or periods of inactivity. These do not terminate nonconforming rights.
Examples for Landlords
- Fire Damage: A 3-unit building predating zoning is damaged by fire and sits vacant for 18 months during insurance negotiations. The city claims the multifamily use is “discontinued.”
- Hurricane Repairs: After a hurricane, a landlord’s ADU is uninhabitable for a year. City says the ADU can no longer be rented due to new ADU restrictions.
- Eviction Gap: A long-term duplex tenant moves out. The owner takes 10 months to renovate and re-rent due to supply chain delays.
- Commercial Use: A mechanic shop predates zoning but closes for 9 months during a probate fight.
3. Due Process Violations: When Code Boards Refuse to Consider Your Evidence
Due process requires code enforcement boards to consider all relevant evidence, especially when a defense is based on historical uses. In Estrella, the Board repeatedly refused to review evidence from the 1990s and 2000s: evidence that proved the nonconforming use. A board cannot simply say “that was years ago” when the entire legal issue depends on the history.
Examples for Landlords
- Short-term rental grandfathering: A landlord tries to show Airbnb guest records from 2008 to prove legal STR use. The Board refuses to look and only considers current photographs.
- Tenant Capacity Limits: A landlord shows old building plans proving a multifamily layout predated occupancy limits. The Board says, “We only care about today.”
- Setback Dispute: A landlord presents a 1985 survey proving the structure was legally built before setback ordinances. The Board refuses to admit it.
- Dock Use: A waterfront landlord shows 20 years of photos documenting boat sizes. A Board says “that’s ancient history.”
4. Overturning Bad Rulings: Common Legal Mistakes Made by Code Boards
Many municipal boards consist of volunteers with limited legal training. They may misunderstand zoning law, due process, burdens of proof, abandonment standards, or protected rights. Courts can overturn their decisions when they:
- use the wrong legal test
- rely on speculation
- fail to issue findings
- ignore evidence
- misinterpret ordinances
In Estrella, the Board used the wrong standard and ignored the requirement of voluntary intent.
Examples for Landlords
- Noise complaint enforcement: A landlord receives a noise violation but the city fails to prove any measurable nuisance. The Board “just believes the complainant.”
- Drainage or grading disputes: A Board finds a landlord responsible without engineering evidence.
- Unpermitted units: A Board says a longstanding unit is “illegal,” even though it predates permitting requirements.
- Tree removal violations: A Board demands the landlord plant 20 new trees but never proves the original tree was protected species.
5. Neighbor Complaints Aren’t Enough: Why Objective Evidence Is Required
A single complaint from a neighbor, without evidence of harm, cannot eliminate a vested property right. Boards often respond to political or emotional concerns, but Florida law requires:
- objective evidence
- demonstrable harm
- competent, substantial proof
In Estrella, concerns about “maneuverability” were unfounded and no evidence of navigational danger existed.
- STR complaints: A neighbor hates Airbnb guests and claims “people come and go.”
- Parking complaints: A neighbor complains about overflow parking from a long-standing duplex.
- Boat noise: A neighbor claims a docked boat is “too big” or “unsightly.”
- Commercial delivery trucks: A rental property receives contractor deliveries for long-established remodel activity. Neighbor complains.
6. Broad Protection: Why Your Nonconforming Use Isn’t Tied to Specific Tenants
A common mistake by enforcement boards is believing that the protected right is tied to:
- a specific tenant
- a specific size of equipment
- a specific business owner
- a specific rental configuration
In Estrella, the Board incorrectly argued that because the owner once had a smaller boat, he “downsized” and lost his older right to dock a larger boat. The Court rejected this. The general use was docking large boats.
Examples for Landlords
- Duplex/Triplex Use: If a duplex is a legal nonconforming use and the owner rents only one unit for a year, he does not lose the right to rent both later.
- Parking Lot Use: If a commercial property historically allowed large delivery trucks, temporarily receiving only smaller trucks does not eliminate the right to accept larger ones.
- Storage Yard: A landlord who stored heavy machinery for decades does not lose that right if the yard sits empty for a period.
- ADU Rental: If the ADU sits vacant while being renovated, the landlord does not lose the right to rent it later.
7. Evidence Wins Cases: What Records Every Landlord Should Keep
Landlords often lose battles with municipalities because they cannot prove the history of their property. Good evidence helps win cases. Estrella prevailed because the history was clear and documented.
Examples of Useful Records
- old surveys
- MLS listings
- rent rolls
- affidavits from former tenants
- Google Earth historical images
- photographs from prior decades
- insurance records
- property tax descriptions
- business licenses predating zoning changes
Examples for Landlords
- Short-term rental: Keep Airbnb screenshots showing bookings before STR bans.
- Parking / Equipment Storage: Keep photos of equipment stored on the lot from years past.
- Accessory Units: Maintain old rental advertisements showing use of garage apartments.
- Commercial Uses: Keep old invoices showing repair-shop operations before zoning changes.
8. Act Early: Why Attorney Involvement Before Hearings Is Critical
Once a municipality decides a use is illegal, it becomes much harder to undo the determination. Legal counsel should be involved before hearings, not after. Attorneys can help:
- preserve evidence
- prepare testimony
- force the board to consider history
- object to improper limitations
- create a record for appeal
- negotiate compliance alternatives
Examples for Landlords
- A landlord receives a “cease and desist” letter for an STR operation. Attorney can assert grandfathered rights immediately.
- A commercial landlord is cited for parking violations when tenants receive large deliveries. Attorney can assert vested rights and demand proof.
- A property owner faces fines over an old shed violating setback changes. Attorney can document preexisting use.
- A landlord with a 3-unit building receives a citation for illegal occupancy. Attorney can file a vested rights petition.
Bottom Line: Estrella Protects Landlords Who Document and Assert Their Rights
The Estrella case reinforces a core principle of Florida property law: long-standing, lawful uses cannot be erased simply because ordinances change or complaints arise. For landlords, the decision is a reminder to preserve historical records, assert nonconforming rights early, and challenge enforcement actions that ignore due process or rely on speculation instead of evidence.
Whether the issue involves short-term rentals, multifamily layouts, docks, accessory units, or commercial activities, landlords who understand and document their property’s historical uses are far better positioned to defend their rights. When code boards overreach—as they often do—Estrella shows that courts will step in to protect vested rights and uphold the rule of law.